Preface
Acknowledgements
Abbreviations
Introduction
1. Background, Scope and Terms of Reference; 2. Interference Between IP Law and International Investment Law: settled and remaining issues; 3. Dialogue of Two Bodies of Law: Toolbox of Translators; 4. Chapter Structure
Chapter 1: Trade mark investment disputes: case studies
1. Origins of TM investment disputes; 2. Case Study 1: Tobacco trade marks; 3. Case Study 2: Unhealthy food and beverages trade marks; 4. Case Study 3: Infant formula trade marks; 5. Case Study 4: Disparaging, immoral and scandalous trade marks; 6. Conclusion
Chapter 2: Special approach: a justification
1. IP as lex specialis and Consequent Special Approach; 2. Justification of Property in Trade Marks; 3. Legislative History on Trade Marks and Brands; 4. Justification for a Special Approach; 5. Conclusion
Chapter 3: Jurisdiction and applicable law in trade mark investment disputes
1. Introduction; 2. Jurisdiction; 3. Applicable law in Investment Treaty Arbitration; 4. Conclusion
Chapter 4: Defining trade marks and brands as investment assets: delegation to trade mark law
1. Introduction and Structure
Part A: Attributes of property in trade marks and brands
2. Object of protection; 3. Attribute One: Control manifested in the exclusive rights conferred in registered trade marks; 4. Attribute One-Plus: extended control conferred by well-known trade marks; 5. Attribute Two: Use of Trade Marks; 6. Attribute Three: Transferability of Trade Marks; 7. Attributes of Property in Brand Value: Protecting Goodwill through Unfair Competition Laws
Part B: Restrictions to Property in Trade Marks and Brands
8. Internal Limitations to Property in Trade Marks; 9. External Limitations to Property in Trade Marks; 10. Conclusion
Chapter 5: Attributes of property in investment assets: origins in investment law
1. Introduction and Structure
Part A: Substantive protection of Investment Assets
2. Indirect Expropriation; 3. Fair and Equitable Treatment Standard
Part B: State’s Right to Regulate Investor’s Interests in Property
4. Limitations to the Standard of Indirect Expropriation; 5. Limitations to the FET Standard; 6. Conclusion
Chapter 6: State liability for regulating trade marks and brands: the dialogue of two bodies of law
1. Introduction and Structure
Part A: Investment Treaty Violation caused by Interference with Trade Marks and Brands
2. Expropriation of Trade Marks and Goodwill: a Two-Step Test; 3. Fair and Equitable Treatment of Trade Marks and Goodwill
Part B: State’s Freedom to Regulate the Use of Trade Marks for Reasons of Public Interest
4. TRIPs as the Guardian of Public Interest is left to the Discretion of Arbitral Tribunals; 5. Investment Treaty Considerations of Public Purpose are Limited in Scope; 6. Fundamental Rights: Possible, yet Ineffective Limitations to Investor’s Rights; 7. Conclusion
Chapter 7: Controlling the power of brands: in search of a balanced approach via the international rule of law
1. Introduction: A demand for a special adjudication approach in TM investment disputes; 2. Adjudication in accordance with international law and its rule of law (RoL) standards; 3. Implications of RoL Adjudication; 4. Conclusion
Chapter 8: Remedies in trade mark investment arbitration
1. Introduction; 2. Trade mark remedies: practice from trade mark laws; 3. The remedy of specific performance unlikely available in ITA; 4. Monetary Compensation: the traditional remedy in ITA; 5. Market Value of Trade Marks and Goodwill: the challenge of valuation; 6. Moral Damages: Harm to Investor’s Reputation; 7. Reducing Full Compensation: available principles; 8. Conclusion
Conclusion
Bibliography
Index