Intellectual Property and International Dispute Resolution

The book "Intellectual Property and International Dispute Resolution" edited by Christopher Heath and Anselm Kamperman Sanders is a comprehensive treatise on the intersection of intellectual property (IP) law and international dispute resolution. Here is a detailed overview of the book, including its key themes, plot summary, and critical reception:

Key Themes

1. Intellectual Property Laws and International Dispute Settlement:

   • The book explores various mechanisms of international dispute settlement, particularly focusing on cases involving intellectual property laws. It delves into the principles of national treatment, transparency, and judicial expertise in IP law, contrasting these with investor-state dispute settlement (ISDS) mechanisms.

2. Critique of ISDS:

   • The authors and contributors to the book critically examine the inclusion of intellectual property rights as "investments" in bilateral and multilateral investment treaties. This critique is particularly relevant in the context of high-profile cases like the Eli Lilly v. Canada case under NAFTA and the debate over plain packaging laws for tobacco products.

3. Public Interest Concerns:

   • The book highlights significant public concerns regarding the potential impact of ISDS on European standards for protecting health, consumers, and the environment. This is evident in trade negotiations such as those for the CETA Agreement between the EU and Canada, and the TTIP negotiations with the US.

4. Mechanisms of Dispute Settlement:

   • The contributions to the book discuss various mechanisms of international dispute settlement, including their applicability to IP cases. This includes an analysis of how different mechanisms operate and their implications for IP rights.

Plot Summary

The book does not have a traditional narrative plot but rather a collection of essays and analyses by experts in the field of international trade and intellectual property law. It provides an in-depth examination of the interface between intellectual property and international dispute resolution, covering topics such as:

• Principles of IP Law: The book discusses the foundational principles of IP law, including national treatment and transparency.
• ISDS Mechanism: It critically evaluates the ISDS mechanism, highlighting its limitations and potential conflicts with public interest concerns.
• Case Studies: Specific case studies, such as the Eli Lilly v. Canada case, are used to illustrate the complexities and challenges in resolving IP disputes internationally.
• Treaty Drafting: The authors argue for better treaty drafting to address public interest concerns raised by arbitral jurisprudence, suggesting that critics should focus on improving treaty language rather than replacing or transforming investment treaty arbitration.

Critical Reception

The book has received positive reviews for its comprehensive and nuanced treatment of the complex issues at the intersection of IP and international dispute resolution.

• Book Review:

  • A book review by a prominent academic praises the book as an essential reading for those interested in IP and international dispute resolution. The review highlights the book's thorough analysis and the diverse perspectives of its contributors.

• Critical Analysis:

  • Another critical analysis notes that the book provides a detailed examination of the disputes but also acknowledges that it does not offer a definitive solution to the challenges posed by ISDS in IP protection. Instead, it suggests that better treaty drafting could mitigate some of the public interest concerns.

Additional Resources

For those interested in further understanding the topics covered in the book, additional resources include:

• Studio Briefing:

  • A studio briefing by the Practising Law Institute (PLI) offers a wide-ranging discussion on the current international IP dispute resolution landscape and key considerations to address.

• E-Book Availability:

  • The book is available as an e-book on platforms like Kobo, providing readers with flexibility in accessing the comprehensive treatment of IP and international dispute resolution.

In summary, "Intellectual Property and International Dispute Resolution" by Christopher Heath and Anselm Kamperman Sanders is a seminal work that offers a detailed examination of the complex issues at the intersection of IP law and international dispute resolution. Its critical reception highlights its value as a comprehensive resource for scholars and practitioners in the field.