The Role of National and International Intellectual Property Law and Policy in Reconceptualising the Definition of Investment

Abstract This article analyses the role of national and international intellectual property (IP) law in assessing IP as a protected investment. It offers two approaches for controlling investment arbitration related to rights (IPRs), followed by an examination implications challenges those approaches. Its main argument is that even if dispute arises from (IP investment), it does not necessarily fall under jurisdictional requirements arbitration. Rather, must be done referring laws. more relevant case IPRs they are territorial. means obligations derived legislation. Essentially, only “protected” regimes should treated investments. also examines language used agreements arbitral awards analyse law, particularly determining validity scope Then three IP-related cases discuss how tribunals have law. Finally, suggests integrating territoriality principle social objectives bargains achieved through treaties.