The protection of intellectual property rights through international investment agreements

Multilateral structures have so far failed to comprehensively and effectively address both countries’ and private parties’ regulatory needs in IP matters and have thus led states to a turn towards bilateralism. Within the expanding universe of bilateral agreements, IPRs are not only protected under bilateral and multilateral agreements dedicated to IP, but they are also protected as investments under IIAs. While the scope of protection of IPRs under IIAs is unclear, difficult questions regarding the borderlines of investment protection and intellectual property protection regimes arise.