課程資訊
課程名稱
國際投資法與投資仲裁專題討論二
Seminar on International Investment Law and Investment Arbitration(Ⅱ) 
開課學期
110-1 
授課對象
法律學院  法律研究所  
授課教師
林彩瑜 
課號
LAW5616 
課程識別碼
A21EU5380 
班次
 
學分
2.0 
全/半年
半年 
必/選修
選修 
上課時間
星期二3,4(10:20~12:10) 
上課地點
 
備註
本課程以英語授課。教室:霖研七1709。英文授課。
限學士班三年級以上
總人數上限:20人 
 
課程簡介影片
 
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課程概述

Intellectual property rights have always been defined as a foreign investment and are protected target under international investment treaties. Reference can be made to copyright and related rights, trademark rights, rights in geographical indications, rights in industrial designs, patent rights, rights in layout designs of integrated circuits, rights in relation to protection of undisclosed information, and plant breeders’ rights (e.g. Canada-EU Comprehensive Economic and Trade Agreement, CETA)). In recent years, the relationship between intellectual property rights and international investment law has secured growing attention given certain high-profile claims brought by foreign corporations challenging host states’ measures relating to intellectual property rights (such as patent rights and trademarks) in light of investment arbitrations. Among them, Philip Morris v. Australia, Philip Morris v. Uruguay, Eli Lilly v. Canada and Bridgestone v. Panama are notable examples. The ensuing questions to be asked might be: what impacts that the international investment treaties might have on host states’ intellectual property policy? To what extent intellectual property rights can be protected under international investment treaties? These questions are new and important for the interface between intellectual property and investment law regime. As challenging intellectual property measures under investment arbitration may involve other public policies, such as the consumption of tobacco products or the use of pharmaceutical products, which may complicate the issues surrounding intellectual property, investment law and public health.
This semester, we will focus on the interface between intellectual property protection and international investment law. Along with relevant obligations under international investment treaties (such as non-discrimination, fair and equitable treatment, full protection and security, expropriation and performance requirement), intellectual property-related claims and points would be discussed. In relevant parts, investment disputes involving intellectual property rights would also be reviewed.
Tentative topics to be discussed are as follows.
1. Background on international investment treaties and intellectual property rights
2. Investor-state arbitration and review of new intellectual property-related investment cases
3. Intellectual property rights as “investment”: Conceptualizing intellectual property rights and investment protection
4. Relative treatment standard: IP-related national treatment claims
5. Relative treatment standard: IP-related most favorued nation (MFN) claims
6. Absolute standards of treatment: fair and equitable treatment, full protection and security
7. Applying the Expropriation standards to IP-based investments
8. Intellectual property and investment performance
9. Public policy considerations in intellectual property-related investment arbitration
10. Investor-state dispute settlement and intellectual property: lessons from Lilly v. Canada
11. WTO TRIPS Agreement and investment arbitration


 

課程目標
It is hoped that this course will enhance students’ professional knowledge and capability in the cross-cutting fields of international investment law, intellectual property rights and investment arbitration. 
課程要求
1. Class sessions will be mainly conducted by students’ presentations and class discussions.
2. Each student is required to present a chosen topic based on assigned papers (with other useful materials) and lead class discussion.
3. The Power-Point slides should be delivered to the instructor, teaching assistant and students via e-mail and ceiba three days prior to presentation.
4. Each student is required to share his/her term paper draft in class. The topic of the term paper needs to be approved in advance by the instructor.
5. A 10-page full-paper shall use blue book citation and be submitted at the end of the semester.
6. Attendance for all classes and active class participation are strongly encouraged. In no even
7. All parts of the requirements shall be met by students. If one of the requirements is not met (e.g. without submitting the term paper or make paper presentation), no course grade will be given by the instructor.

The course evaluation will be based on four parts: class attendance (20%), class participation (25%), presentation (25%) and final term paper (30%).
 
預期每週課後學習時數
 
Office Hours
 
參考書目
Suggested reading materials will be provided in class. 
指定閱讀
Required reading materials will be provided in class. 
評量方式
(僅供參考)
   
課程進度
週次
日期
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