Publication details
Základní otázky mezinárodní investiční arbitráže ve vztahu k právům k označení
| Title in English | The fundamental issues of international investment arbitration in relation to appellation rights |
|---|---|
| Authors | |
| Year of publication | 2022 |
| Type | Article in Periodical |
| Magazine / Source | Právní rozhledy |
| MU Faculty or unit | |
| Citation | |
| web | Repozitář MU |
| Keywords | industrial Property Rights; Rights to Designations; International Investment Arbitration; Investment; Treatment Regimes; Waiver Clause; Fork-in-the-road Clause |
| Attached files | |
| Description | This article provides a basic insight into the issue of international investment arbitration in relation to the intellectual property rights, in particular the rights to designations. It outlines (i) the basic conditions for the initiation of an arbitration dispute by an investor against a host state, (ii) the possible procedural consequences of conducting arbitration proceedings and (iii) the most common regimes for the treatment of the investor's rights in the territory of the host state. Finally, the article also discusses (iv) conclusions reached in the arbitration case Philip Morris vs. Uruguay, in which the tribunal commented on the scope of protection of rights to designations affected by a change in the host state's legislation, and their implications in this area. |