Melody B. Rowell

Melody B. RowellClass of 2013
Staff, Volume 37

Blog Posts

Peter Rutledge: The Complexities of Intellectual Property in International Business

Peter “Bo” Rutledge argued that in the context of a private investor-state relationship, arbitration provides the medium to address competing interests—for example, a patent holder’s interest in the property rights of his/her product and the state’s interest in protecting its citizens while maintaining a stable financial status. He also pointed out the shortcomings of compulsory licenses, demonstrating that compulsory licenses do not equally speak to each party’s interests. The compulsory license favors the state because it compels the patent holder to hand over the product to the state which in turn, leaves very little incentive for patent holders to continue to submit inventions and products for a patent. The bilateral investment treaty, on the other hand, provides incentive to arbitrate if a dispute arises and neither country can engage in expropriation.

No Comments | Posted by Melody B. Rowell on Thu. March 1, 2012 11:34 AM
Categories: International Dispute Resolution
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