ASIL-ILA Panel

Investment Chapters in Trade Agreements: IP Rights as Protected Investments

Sponsored by the ASIL Intellectual Property Interest Group and the ILA Committee on International Trade Law

Consolidated write-up of F. Abbott, S. Sell & J. Reichman (download below)

PowerPoint of Jerome Reichman (download below)

ASIL Cables Report Link

Investment chapters of trade and investment agreements have attracted renewed attention due to current disputes involving intellectual property rights affecting public health interests. This panel will examine issues that may arise from treating IP rights as protected investments in trade and investment agreements. Should foreign corporations be entitled to demand host country taxpayer compensation by bringing governments before trade and investment arbitration tribunals to challenge domestic court decisions on patents? May government standards regarding intellectual property rights constitute regulatory takings entailing compensation to the intellectual property owner?

Moderator: Frederick M. Abbott, Florida State University College of Law

Speakers:

• James Love, Knowledge Ecology International

• Jerome H. Reichman, Duke University School of Law

• Susan K. Sell, Elliott School of International Affairs, George Washington University

Comment: Gary Horlick, Washington, DC

Frederick M. Abbott | Florida State University College of Law April 11, 2014