Fair and Equitable Treatment, Intellectual Property, Intellectual Property Rights, Investment, Investment agreements, Investment Arbitration, Investment law, Investment protection, Investor, Investor-State arbitration, ISDS

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In the first part of this article, we discussed the problems of balancing an investor’s intellectual property rights with the sovereign right of a State. Now, we look at how Philip Morris v Uruguay has added to the debate. In 2010 Philip Morris challenged two measures adopted by the government of Uruguay: (1) a “single…

Fair and Equitable Treatment, Intellectual Property, Intellectual Property Rights, Investment Arbitration, Investment law, Investment protection, Investor, Investor-State arbitration, ISDS

/ /Leave a comment

The constructive framework of ISDS was intended to promote investment and growth through the establishment of a stable and predictable atmosphere for investment. However, some have argued that this purpose has been warped to allow a small group of private individuals to rule on public matters. Arbitrations such as CMS v Argentina, Tecmed v Mexico,…