Proponents of the TRIPS Agreement hold that IP rights qualify as human rights since they have moral standing and developmental value to assist the enjoyment of other rights. However, the author argues that IP rights take on protectionist trade implications and monopolistic ownership traits...

In 2006, I published TRIPS and Its Discontents in a symposium commemorating the tenth anniversary of the WTO TRIPS Agreement. At that time, developing countries were deeply discontent with the Agreement and the new and higher intellectual property standards that the WTO had imposed upon them. By...

This Chapter analyzes the historical narratives of IP, investment and the World Trade Organization (WTO) and provides a comprehensive overview on the historical development of foreign investment protection at the international level. It traces the historical development of international...

This article explores and analyses existing frameworks and current initiatives for legal protection of traditional knowledge (TK) in international intellectual property law. The need to protect TK and to secure fair and equitable sharing of benefits derived from its use is accepted in major...

In this paper, I show that a major share of the value of target firm's intellectual property can be protected from expropriation by the acquirer through negotiating a compensating bidder termination fee (BTF), which is paid to the target in case the acquirer abandons the deal. I apply a...