Abstract:
Nowadays the importance of intellectual property rights is undeniable in international trade system. In some cases intellectual assets of foreign investors are more important and valuable than tangible ones. So, one of the most important issues for foreign investors and better to say the first of all is the matter of protecting intellectual property rights by host country. On the other hand, there are many discussions between developed and undeveloped countries about treatment with foreign investors. There is a gap in this matter which needs international legislation. Protecting intellectual property rights by international investment regulations is a new matter which the developed countries are initiatives. Subsequently the matter discussed by researchers and lawyers. International investment sources mainly do not contain detailed and complicated regulations about intellectual property rights; instead protect it by introducing intellectual property rights as one type of investment. This matter binds host country to observe all standards of treatment or standards of protection before intellectual assets of foreign investors. In this article we discuss potentials of standards of treatment of international investment law in protecting intellectual property rights.
Machine summary:
com Keywords Intellectual property rights, behavioral standard, fair and equitable treatment, full protection and security, non-discrimination, umbrella clause Introduction By accepting foreign investment in the host country, the state must observe standards towards investors and their capital that are referred to in international investment law as "behavioral standards"1 or "protection standards"2.
1. Analysis of the capacity of the Fair and Equitable Treatment standard in protecting intellectual property rights This protective principle was first used in the United States' treaties of commerce, trade, and navigation.
An investor may claim that, based on the investment treaty concluded between their home state and the host country, the provisions of the TRIPS Agreement, which contains the minimum standards in the field of intellectual property rights, must be observed.
The reference to the practice of states and international law as part of fair and equitable treatment may be inspired by the view that the TRIPS Agreement, which contains minimum standards in the field of intellectual property rights, can be perceived as one of the sources of customary international law in protecting the assets of foreign investors.
It seems that such an expansive interpretation of the Most-Favored-Nation principle of the TRIPS Agreement and its extension to the investor-host state dispute settlement system, or even to the substantive protections of investment treaties for intellectual property rights, would not be correct.
The umbrella clause standard means that the contracts concluded by the host state with foreign investors who are nationals of the other party to the treaty in the field of investment fall under the protective umbrella of the 69.
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