TOPIC 3 : LOOKING AT SPECIFIC EXAMPLES : “PHILIP MORRIS”, “ELI LILLY” AND OTHER CASES: WHICH SAFEGUARDS EXIST FOR PUBLIC POLICY AND TRIPS FLEXIBILITIES?
Mme Cynthia Ho
Professor, Loyola University of Chicago School of Law, United States of America
M. Simon Klopschinski
Associate, rospatt osten pross law firm, Düsseldorf, Germany
M. Seth Ericsson
Research Fellow and Program Director, MIPLC, Max Planck Institute for Innovation and Competition, Munich, Germany
This panel will discuss the details of two iconic disputes in the field of IP and investment protection: the Philip Morris cases, pitting the multinational tobacco company against countries implementing plain packaging regulations (i.e., Uruguay and Australia), and the Eli Lilly v. Canada case decided in March 2017. The panellists will contextualize the disputes and discuss the arguments of the parties and the decision of the tribunals in order to highlight public policy issues arising out of, and the potential impact on, TRIPS flexibilities.
Durée :
XIXth EIPIN Congress - Enforcing intellectual property in trade and investment agreements
Du au
Parlement européen, Strasbourg
Université de Strasbourg - CEIPI - Centre d'études internationales de la propriété intellectuelle
What Safeguards for its Social Function ?
International trade and investment agreements increasingly include provisions on the protection of intellectual property. Recent decisions of arbitral tribunals shed light on this interaction between intellectual property and investment law raising important questions about the coexistence of the different bodies of law and the competence of various fora for adjudicating IP-related disputes.
This conference will critically examine the present landscape of trade and investment agreements, the legitimacy of current practices with regard to the social function of intellectual property rights and the likely avenues for future developments in the field. The latest cases will be discussed not only in the context of investor-state dispute settlement but also in the framework of the World Trade Organisation mechanisms. The interaction with fundamental rights and ethics will be explored, as well as some specific implications for the EU. The ongoing negotiations with regards to the CETA and the TTIP will serve as a common thread for the discussions.
Producteur : Université de Strasbourg
Réalisateur : Université de Strasbourg
Module 1 : Safeguarding the social function when conceptualizing the relationship between ip, trade and investment protection
ENFORCING INTELLECTUAL PROPERTY IN TRADE AND INVESTMENT AGREEMENTS : AN INTRODUCTION
M. Christophe Geiger
Professeur à l’Université de Strasbourg et Directeur général du CEIPI. Professor, Director General and Director of the Research Department of the Centre for International Intellectual Property Studies (CEIPI) at the University of Strasbourg (France) Christophe Geiger is Professor of Law, Director General and Director of the Research Department of the Centre for International Intellectual Property Studies (CEIPI) at the University of Strasbourg (France). In addition, he is affiliated senior researcher at the Max Planck Institute for Innovation and Competition in Munich (Germany) as well as Spangenberg Fellow at the Spangenberg Center for Law, Technology & the Arts, Case Western Reserve University School of Law in Cleveland (US), and has been invited to teach as visiting professor in several universities. He specializes in national, European, international and comparative intellectual property law, has drafted reports for the European institutions and acts as external expert for the European Parliament and the Office for Harmonization in the Internal Market (OHIM). He is also General Editor of the Collection of the CEIPI published by LexisNexis, co-editor of the EIPIN series published by Edward Elgar, co-editor of the CEIPI-ICTSD Publication Series on “Global Perspectives and Challenges for the Intellectual Property System” and member of the editorial board of several journals on IP law. He has published numerous articles as well as authored and edited many volumes in this field, the most recent being “Criminal Enforcement of Intellectual Property: A Handbook of Contemporary Research” (2012), “Constructing European Intellectual Property: Achievements and New Perspectives” (2013), “Research Handbook on Human Rights and Intellectual Property” (2015) with Edward Elgar, and “What Patent Law for the European Union?” (2013), “The Contribution of Case Law to the Construction of Intellectual Property in Europe” (2013, in French); “Intellectual Property Law in a Globalized World” (with Caroline Rodà, 2014), with LexisNexis.
TOPIC 1: MAPPING THE PROTECTION OF IP IN TRADE AND INVESTMENT AGREEMENTS: A REVIEW OF THE PRESENT AND FUTURE LANDSCAPE
M. Henning Grosse Ruse-Khan
Reader and Co-Director, Centre for Intellectual Property and Information Technology Law (CIPIT), University of Cambridge, United Kingdom
M. Pedro Roffe
Senior Fellow, International Centre for Trade and Sustainable Development (ICTSD), Geneva, Switzerland
M. Anke Moerland
Assistant Professor of Intellectual Property Law, Maastricht University, Netherlands
This panel will examine the integration of IP protection in international trade and investment agreements, historically from the past, to the present and future. Can any trends be observed with IP protection in international treaties (e.g., ratified and in force treaties such as NAFTA)? Can the same trends be observed in comparison to signed but not ratified treaties (CETA, EU-Singapore) or treaties under negotiation (such as TTIP)? How is IP protection regulated and what are the legal mechanisms used (in bilateral, plurilateral and multilateral treaties)? What are dispute-settlement tools available under such treaties?
TOPIC 2: CONCEPTUALIZING THE PROTECTION OF IP AS AN INVESTMENT: ASSESSING THE LEGITIMACY OF PAST AND CURRENT PRACTICES IN TRADE AND INVESTMENT TREATIES
M. Carlos Correa
Professor and Director, Center for Interdisciplinary Studies on Industrial Property and Economics, University of Buenos Aires, Argentina
M. Bassem Awad
Deputy Director, Centre for International Governance Innovation, Waterloo, Canada
M. Guido Westkamp
Professor of Intellectual Property and Comparative Law, een Mary University of London, United Kingdom
This panel deals with theoretical and practical aspects of the qualification of “intellectual property” as an “investment”. Why is intellectual property protected as an investment? Is it legitimate? What are consequences of such a qualification, and are there any alternatives?
TOPIC 3 : LOOKING AT SPECIFIC EXAMPLES : “PHILIP MORRIS”, “ELI LILLY” AND OTHER CASES: WHICH SAFEGUARDS EXIST FOR PUBLIC POLICY AND TRIPS FLEXIBILITIES?
Mme Cynthia Ho
Professor, Loyola University of Chicago School of Law, United States of America
M. Simon Klopschinski
Associate, rospatt osten pross law firm, Düsseldorf, Germany
M. Seth Ericsson
Research Fellow and Program Director, MIPLC, Max Planck Institute for Innovation and Competition, Munich, Germany
This panel will discuss the details of two iconic disputes in the field of IP and investment protection: the Philip Morris cases, pitting the multinational tobacco company against countries implementing plain packaging regulations (i.e., Uruguay and Australia), and the Eli Lilly v. Canada case decided in March 2017. The panellists will contextualize the disputes and discuss the arguments of the parties and the decision of the tribunals in order to highlight public policy issues arising out of, and the potential impact on, TRIPS flexibilities.