The Intersection of ISDS and TRIPS Flexibilities
Document Type
Article
Publication Date
2020
Abstract
This chapter evaluates the extent to which TRIPS flexibilities are compromised by investor-state disputes (ISDS) regarding intellectual property (IP) norms that are covered by TRIPS. The chapter begins with a brief discussion of IP norms under TRIPS, as well as TRIPS flexibilities and explains how ISDS poses a threat to TRIPS. The chapter then analyzes the known investment disputes challenging IP norms to assess the significance of the ISDS threat to TRIPS flexibilities, including challenges by Philip Morris to tobacco labeling that restricts trademarks, Eli Lilly’s challenge to Canadian patent laws and several more recent disputes.
Identifier
https://doi.org/10.4337/9781788977821.00019
Recommended Citation
Cynthia M. Ho, The Intersection of ISDS and TRIPS Flexibilities, in Research Handbook on Intellectual Property and Investment Law 207 (Christophe Geiger ed., 2020).