The Use of Investor-State Arbitration to Resolve Conflicts in Patent Law
Abstract (Resumo):
This is a work-in-progress paper first drafted for the 22nd Brazilian Congress of International Law. The proceedings were published in the Brazilian International Law Academy Reports.This work is stemming from a qualitative and exploratory analysis. The logical-deductive method is employed along with the procedures of bibliographic review from a plethora of sources (e.g., legislation, legalliterature, jurisprudence), as well as the analysis of the Apotex (ICSID, case no. ARB(AF)/12/1, 2014) and Eli Lilly (ICSID, case no. UNCT/14/2, 2017) cases. From the alluded procedures, it is our goal to: (i) establish, conceptually, how a patent may be understood as a “foreign investment”; (ii) analyse some of the situations in which frictions may arise between States and investors in the patent context; (iii) analyse how the International Centre for Settlement of Investment Disputes (ICSID) behaved when adjudicating patent disputes; (iv) extrapolate, from the conclusions set on the foregoing items, some common issues found in cases in which ISA is used to settle patent-related disputes.
Keywords (Palavras-Chave): Investor-State Arbitration. Patents. Foreign Investment. ICSID. Expropriation.
Recommended citation (Citação Recomendada):
de Azevedo Tinoco, Jorge Enrique, The Use of Investor-State Arbitration to Resolve Conflicts in Patent Law (February 05, 2024). De Azevedo Tinoco, Jorge Enrique. ‘The Use of Investor-State Arbitration to Resolve Conflicts in Patent Law’. In Brazilian Academy of International Law Reports, 1st ed., 1: 337–49. Belo Horizonte: Arraes Editores, 2024. Available at: https://ssrn.com/abstract=4911188
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