Milbank LLP Litigation & Arbitration partner Christopher J. Gaspar and special counsel Kamel Aitelaj authored a chapter for Global Arbitration Review’s (GAR) second edition of The Guide to IP Arbitration, titled “When Intellectual Property Is the ‘Investment’: Arbitrating Against Sovereigns.”
The chapter provides a high-level analysis of the possible benefits of the Investor-State Dispute Settlement (ISDS) system as an alternative forum for an IP owner seeking relief – or structuring its legal protections. The exercise of IP rights in foreign countries is expanding, whether it be through production of hardware or creation and licensing of software. In these instances, ISDS may appear viable as a tool for the IP owner to protect its interests. Conversely, sophisticated states may be well advised to avoid, and prepare for, investor disputes concerning IP rights.
Click here to read “When Intellectual Property Is the ‘Investment’: Arbitrating Against Sovereigns.”
