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SSRN Electronic Journal
Article . 2019 . Peer-reviewed
Data sources: Crossref
https://doi.org/10.4337/978178...
Part of book or chapter of book . 2020 . Peer-reviewed
Data sources: Crossref
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The Object and Purpose of Mingling Intellectual Property, Trade and Investment

Authors: Susy Frankel;

The Object and Purpose of Mingling Intellectual Property, Trade and Investment

Abstract

This chapter analyses how investment agreements that purport to include intellectual property (IP) in their scope should be interpreted. The internationally agreed rules of treaty interpretation found in the Vienna Convention require that the object and purpose of a treaty inform its interpretation. When IP is part of an investment treaty then both the object and purpose of investment and of the relevant IP at issue should be part of the interpretative exercise. The chapter examines how the mingling of IP and investment ought to impact the interpretation of object and purpose in light of the scope of intellectual property, intellectual property related investment obligations and the complexities of the relevant international regimes. With reference to recent high-profile disputes, it proposes how the Vienna Convention rules of interpretation can be used effectively to recognise, in consistent ways, the object and purpose of international intellectual property law in its different contexts.

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
1
Average
Average
Average
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