Protection of Intellectual Property Rights Through Bilateral Investment Treaty


The incorporation of IP rights in the concept of ‘investment’ in Bilateral Investment Treaties illustrates the significance of many investment operations of securing such intangible assets. In view of the rapid growth of innovative sectors, such as biotechnology and pharmaceuticals, which depend on patent security, IP can be a major strategic advantage and is all the more relevant. The value of patents, trade secrets, trademarks, copyrights, etc in commercial ties between countries is expressed in the incorporation of IP-related clauses in BITs. Although there are relevant provisions in IP, there are also parallels between some sets of arrangements. There are also variations that have significant legal implications.

Authored by Roudro Mukhopadhyay, OP Jindal University.