School of Law

The Giant is now awake: Intellectual Property Rights in Investment Treaties

17 April 2013 | 17:00h to 19:00h | Seminar
Moot Court Room, LT 1.28, Liberty Building

The CfIG-Colloquium

The Giant is now awake: Intellectual Property Rights in Investment Treaties

Speaker: Professor Bryan Mercurio, Chinese University of Hong Kong (CUHK)

With comments by Professor Graham Dutfield (Leeds University, CfIG)

This presentation will explore the complex issues relating to the inclusion of intellectual property rights (IPRs) as an ‘investment’ in international investment agreements (IIAs).

The potential impact of IPRs in IIAs on the regulatory sovereignty of a nation has for some time been underappreciated and undervalued in both practice and the academic literature.

The issue became topical, and controversial, when cigarette manufacturer Philip Morris relied on IIAs to challenge IP-related tobacco regulations in Uruguay and Australia, but there persists a general lack of understanding of how IPRs are included in IIAs and the extent to which an IPR owner can rely on an IIA to enforce its rights.

This presentation introduces the relevance of some of the more significant clauses frequently appearing in IIAs, with specific reference to the ongoing Philip Morris disputes and pending disputes relating to pharmaceuticals.

About the speaker

?Bryan Mercurio is Professor of Law and Associate Dean (Research) at the Chinese University of Hong Kong (CUHK). Prior to joining CUHK, Professor Mercurio was a Senior Lecturer at the University of New South Wales (UNSW) and Director of the International Trade and Development Project at the Gilbert + Tobin Centre for Public Law.

He has also taught as a visitor at Adelaide Law School and the Melbourne Law School. Specialising in international economic law, Professor Mercurio is a leading expert in the intersection between trade law and intellectual property rights. His work also frequently deals with free trade agreements, WTO dispute settlement and increasingly international investment law.

Prior to academia, Professor Mercurio worked in trade policy for the Canadian Department of Foreign Affairs and International Trade (DFAIT) before practicing international trade, intellectual property and commercial law in the United States and Australia.

The event has been made possible by Professor Surya Subedi who has invited Bryan Mercurio to Leeds.

Location Details

School of Law
The Liberty Building
University of Leeds

The Liberty Building is number 16 on the campus map.

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