2021 · Intellectual Property · International Intellectual Property Law · International Investment Law · IP Policy · Trademark · TRIPS Agreement

The Interface between Intellectual Property and Investment Law

Hi everyone, This is just a quick announcement about my first monograph titled the Interface between Intellectual Property and Investment Law which has just been published by Edward Elgar. The book critically examines how investment tribunals (should) engage with the rules of international intellectual property law when resolving investment disputes involving intellectual property rights. If… Continue reading The Interface between Intellectual Property and Investment Law

2021 · Brexit · European Union · Intellectual Property · International Intellectual Property Law · TRIPS Agreement · United Kingdom

Intellectual Property in the EU-UK (Brexit) Trade and Cooperation Agreement

Happy new year to you, dear reader. So, I have had the chance to quickly look through the intellectual property provisions of the EU-UK Trade & Cooperation Agreement (TCA). I read the version of the TCA that is available on the UK government’s website here dated 24 December 2020. The analysis below is based on… Continue reading Intellectual Property in the EU-UK (Brexit) Trade and Cooperation Agreement

2020 · COVID-19 · Intellectual Property · International Intellectual Property Law · TRIPS Agreement · Vaccines · WTO

Suspending TRIPS to Fight COVID-19? Part 2

Earlier this month, I blogged about the proposal submitted to the WTO’s TRIPS Council by India and South Africa. The proposal requests for the waiver of the obligations in the TRIPS Agreement on copyright, industrial designs, patents, and undisclosed information in relation to the prevention, containment, and treatment of COVID-19. This post is a follow-up… Continue reading Suspending TRIPS to Fight COVID-19? Part 2

2020 · International Intellectual Property Law · International Investment Law · International Trademark Law · Uncategorized

Bridgestone v. Panama: Investment Tribunals are not Appellate Courts

The final award in Bridgestone v. Panama (dated 14 August 2020) is the latest instalment in a line of cases where corporate actors have challenged intellectual property measures and court decisions affecting intellectual property rights before investment tribunals. Bridgestone involved the latter i.e. a court decision involving intellectual property rights. The facts of the case… Continue reading Bridgestone v. Panama: Investment Tribunals are not Appellate Courts

2020 · COVID-19 · Intellectual Property · Patents · Vaccines

Moderna Pledges Not to Enforce COVID-19 related Patents during Pandemic

One of the companies at the fore-front of developing a vaccine for COVID-19, Moderna, has pledged not to enforce its COVID-19 related patents during the pandemic. This is commendable. While recognising that ‘intellectual property rights play an important role in encouraging investment in research’, Moderna stated that: …there are other COVID-19 vaccines in development that… Continue reading Moderna Pledges Not to Enforce COVID-19 related Patents during Pandemic

2020 · COVID-19 · Intellectual Property · TRIPS Agreement · WTO

Suspending TRIPS to Fight COVID-19?

India and South Africa have now submitted a proposal (dated 2 October 2020) to the WTO’s TRIPS Council requesting for the waiver of Sections 1 (Copyright), 4 (Industrial Designs), 5 (patents), and 7 (undisclosed information) of Part II of the TRIPS Agreement in relation to the prevention, containment, and treatment of COVID-19. The waiver would… Continue reading Suspending TRIPS to Fight COVID-19?

2020 · International Intellectual Property Law · IP Policy · TRIPS Agreement · WTO

Saudi Arabia’s appeal ‘into the void’ at the WTO

The recent panel report in Saudi Arabia – Measures Concerning the Protection of Intellectual Property Rights, the first intellectual property dispute where a WTO panel examined the security exception in Article 73 of the TRIPS Agreement, has now been appealed by Saudi Arabia ‘into the void‘. This means that the WTO’s dispute settlement body cannot adopt… Continue reading Saudi Arabia’s appeal ‘into the void’ at the WTO

2020 · Doha Declaration on TRIPS and Public Health · Intellectual Property · International Intellectual Property Law · IP Policy · TRIPS Agreement · Uncategorized

The Legal Status of the Doha Declaration on TRIPS and Public Health

In this post, the last of a series on the recent decision of the WTO’s Appellate Body in the Australia – Plain Packaging case, I want to focus on how both the panel and the Appellate Body approached the issue of the legal status of the Doha Declaration on the TRIPS Agreement and Public Health of 2001. … Continue reading The Legal Status of the Doha Declaration on TRIPS and Public Health

2020 · Australia · Intellectual Property · International Trademark Law · IP Policy · Tobacco Plain Packaging · TRIPS Agreement

Is it Necessary to Consider Alternative Measures under Article 20 of the TRIPS Agreement?

This week, I continue with my analysis of the Appellate Body’s decision on the trademark issues in the Australia – Plain Packaging case. (For previous posts in this regard, see here and here). In this post, the focus will be on whether it is necessary to consider alternative measures when deciding whether an encumbrance is justifiable pursuant… Continue reading Is it Necessary to Consider Alternative Measures under Article 20 of the TRIPS Agreement?

2020 · Intellectual Property · International Trademark Law · IP Policy · Tobacco Plain Packaging · Trademark · Uncategorized

Does Article 20 of TRIPS require a Rigid & Exact Set of Factors to Determine Whether an Encumbrance is Unjustifiable?

Last week, I blogged about the recent decision of the WTO’s Appellate Body that upheld Australia’s  tobacco plain packaging measures. While the Appellate Body largely agreed with the earlier interpretation of both Articles 16(1) and 20 of the TRIPS Agreement by a dispute settlement panel (hereinafter, panel), there are some notable differences in the way… Continue reading Does Article 20 of TRIPS require a Rigid & Exact Set of Factors to Determine Whether an Encumbrance is Unjustifiable?