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Beskrivelse
In recent decades, foreign direct investment (FDI) has played an increasingly significant role in world economic activity and development. In economic terms, the accumulated stock of FDI and its generation of commercial activity by foreign affiliates have made FDI comparatively more important than international trade in goods and services. At the same time, the globalization of markets and the development of consumer brands in many domestic markets has brought anincreasingly international approach to the management, and value, of intellectual property (IP) rights. IP Rights have therefore become increasingly enmeshed with international investment and the subject of transnational disputes as evidenced by cases that concern, inter alia, various limitations fortrademarks used on tobacco packaging, or the invalidation of pharmaceutical patents by domestic courts. FDI is increasingly involved with the exploitation of IP which underpins highly valued products and services and this has shifted the balance of return on FDI from physical to intellectual property. Thus, IP rights have never been more economically and politically important or controversial than they are today.There have long been international treaties that protect IP, but in recent years other international treaties have come into being that protect IP rights along with other property rights. These treaties include various international investment agreements (IIAs), which regard IP rights as a protected investment.This book analyses the standards of treatment and protection enshrined in IIAs for IP rights and their relationship to the key international treaties in IP Rights, with reference to topics such as the fragmentation of international law; investor-host-state dispute resolution; investors and investments; relative standards of treatment (such as most favoured nation); absolute standards of treatment (such as fair and equitable treatment); and expropriation. The work fills the significant gaps left by the comparably small amount of intellectual property related ISDS case-law. As IP Rights are a more recent concern in FDI, many questions regarding the relevance of IIA for IP rights are yet to be decided by investment tribunals. To assist the practitioner in understanding how IP Rights will be treated in investment disputes, the work sets out a number of hypothetical cases based on actual cases decided by other adjudicating bodies in different legalcontexts, such the European Court of Human Rights or the European Court of Justice and the work also engages with the issues and applicable law for disputes involving IP Rights arising from the actions relating to Philip Morris trademarks in Australia and Uruguay, and Eli Lilly.When he emerged from the nightclubs of Greenwich Village, Bob Dylan was often identified as a "protest" singer. As early as 1962, however, Dylan was already protesting the label: "I don't write no protest songs," he told his audience on the night he debuted "Blowin' in the Wind." "Protest" music is largely perceived as an unsubtle art form, a topical brand of songwriting that preaches to the converted. But popular music of all types has long given listeners food for thought. Fifty years before Vietnam, before the United States entered World War I, some of the most popular sheet music in the country featured anti-war tunes. The labor movement of the early decades of the century was fueled by its communal "songbook." The Civil Rights movement was soundtracked not just bythe gorgeous melodies of "Strange Fruit" and "A Change Is Gonna Come," but hundreds of other gospel-tinged ballads and blues. In Which Side Are You On, author James Sullivan delivers a lively anecdotal history of the progressive movements that have shaped the growth of the United States, and the songs that have accompanied and defined them. Covering one hundred years of social conflict and progress across the twentieth century and into the early years of the twenty-first, this book reveals how protest songs have given voice to the needs and challenges of a nation and asked its citizens to take a stand -asking the question "Which side are you on?"
