PIL.OT / DEVELOPMENT
PIL.OTv0.62.2
Ramil Gachayev analyses how the territorial structure of intellectual property intersects with investment-treaty protection standards in middle-income countries. The book considers the implications for intellectual-property disputes of fair and equitable treatment, expropriation, and full protection and security, as well as their resolution through international arbitration.
The analysis addresses uncertainty over treaty scope, territorial reach and the boundary between legitimate public-interest regulation and treaty breach. Drawing on treaty texts and arbitral practice, it proposes more intellectual-property-sensitive drafting options, safeguards for public-interest regulation and a specialised international forum for such disputes.
The interaction between the territorial structure of intellectual property and investment-treaty protection standards, including resolution of related claims through international arbitration
The book clarifies how the territorial structure of intellectual property can sit uneasily with broadly framed investment protection standards in treaty design and dispute settlement. Its proposed safeguards and forum design respond directly to the legal uncertainty faced by governments, right-holders and investors.
2026
DOI 10.4324/9781042026944