Fair and Equitable Treatment, Intellectual Property, Intellectual Property Rights, Investment, Investment agreements, Investment Arbitration, Investment law, Investment protection, Investor, Investor-State arbitration, ISDS
The Great Battle of Intellectual Property versus State Sovereignty: Is Philip Morris v Uruguay a Good Referee? (Part II)
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…