E-Thesis 306 views
The Impact of International Investment Law on International Intellectual Property Law in the Context of the Territoriality Principle: A Critical Examination of Intellectual Property Provisions in Bilateral Investment Treaties of M... / RAMIL GACHAYEV
Swansea University Author: RAMIL GACHAYEV
DOI (Published version): 10.23889/SUthesis.69597
Abstract
The inclusion of intellectual property (IP) within international investment law, particularly through bilateral investment treaties (BITs), poses significant challenges to traditional IP governance based on territoriality and national regulatory autonomy. This thesis investigates how BITs concluded...
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Swansea, Wales, UK
2025
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| Institution: | Swansea University |
| Degree level: | Doctoral |
| Degree name: | Ph.D |
| Supervisor: | Davies, Arwel ; Davies, Lowri |
| URI: | https://cronfa.swan.ac.uk/Record/cronfa69597 |
| Abstract: |
The inclusion of intellectual property (IP) within international investment law, particularly through bilateral investment treaties (BITs), poses significant challenges to traditional IP governance based on territoriality and national regulatory autonomy. This thesis investigates how BITs concluded by middle-income countries integrate IP rights into investment treaty regimes, examining the doctrinal tensions, uncertainties, and regulatory implications arising from this integration. It addresses critical gaps in current legal scholarship by systematically examining IP-related treaty practices and demonstrating their impact on sovereign regulatory capacity. Using a combined doctrinal and systematic content analysis, the study analyses 815 BITs to assess how IP is defined, categorised, protected, and procedurally addressed. The main standards of investment protection (expropriation, fair and equitable treatment, national treatment, most-favoured-nation treatment, and full protection and security) are evaluated in light of IP disputes, revealing varying normative tensions. The findings show that many BITs refer to IP as a protected asset but seldom clarify its scope, territorial application, or the conditions under which regulation remains legitimate. The research contributes by advancing and refining existing proposals for treaty reform. It builds on earlier calls for more IP-sensitive drafting by offering a detailed model BIT informed by the treaty practices of MICs. This includes observations on IP typologies, the procedural design of investor–state dispute settlement, and definitional distinctions that reflect national policy goals. The study also supports the long-term establishment of a specialised International Intellectual Property Court, arguing that current adjudicative forums are ill-equipped to address the legal specificities of IP governance. By clarifying legal ambiguities and proposing structurally grounded alternatives, the thesis offers an original contribution to ongoing efforts to balance investor protection with public-interest governance in IP. It provides a framework for rethinking treaty design in ways that support legal coherence, policy autonomy, and development priorities. |
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| Item Description: |
ORCiD identifier: https://orcid.org/0000-0003-0965-0432 |
| Keywords: |
intellectual property, investment, territoriality principle, investment tribunal, ISDS, bilateral investment treaties, middle-income countries |
| College: |
Faculty of Humanities and Social Sciences |
| Funders: |
The Government of the Republic of Azerbaijan |