Wednesday, April 24, 2019
Investment Chapters in Trade Agreements: IP Rights as Protected Investments

Published on Sunday, May 18, 2014

Investment Chapters in Trade Agreements: IP Rights as Protected Investments

Sponsored by the ASIL Intellectual Property Interest Group and the ILA Committee on International 

Trade Law

April 11, 2014

Consolidated write-up of F. Abbott, S. Sell & J. Reichman (download here)

PowerPoint of Jerome Reichman (download here)

ASIL Cables Report Link




Investment chapters of trade and investment agreements have attracted renewed attention due to current disputes involving intellectual property rights affecting public health interests. This panel will examine issues that may arise from treating IP rights as protected investments in trade and investment agreements. Should foreign corporations be entitled to demand host country taxpayer compensation by bringing governments before trade and investment arbitration tribunals to challenge domestic court decisions on patents? May government standards regarding intellectual property rights constitute regulatory takings entailing compensation to the intellectual property owner? 

Moderator: Frederick M. Abbott, Florida State University College of Law

•     James Love, Knowledge Ecology International
•     Jerome H. Reichman, Duke University School of Law

•     Susan K. Sell, Elliott School of International Affairs, George Washington University

Comment: Gary Horlick, Washington, DC

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Author: Frederick Abbott

Categories: Intellectual Property


OHCHR Seminar


Presentation at OHCHR Seminar on the Right to Enjoy the Benefits of Scientific Progress and Its Applications

4 October 2013

Room XXIV, Palais des Nations, Geneva

Organized by the Office of the U.N. High Commissioner for Human Rights (OHCHR)

Session 1: The right to enjoy the benefits of scientific progress and intellectual property rights: conflict or complementarity?

Prepared Text of Remarks: Download Here


F. M. Abbott Audio of OHCHR Presentation
Basel Life Sciences Lecture


Science, Scarcity and Public Health: The search for new Pharma models

Distinguished Life Sciences Lecture, University of Basel, Switzerland, May 23, 2013

Download lecture text here: Abbott - Basel - May 23 2013

Access and India


Access to Medicines as a Human Right: Case study of India

Download PowerPoint here: Case of India - Harvard Human Rights Journal Symposium PowerPoint

Harvard Human Rights Journal Symposium

April 11, 2013

Harvard Law School

Cambridge, USA

The Judgment in Novartis v. India: What the Supreme Court of India Said

Download here: Abbott - IP-Watch Novartis v. India posted 4-4-13.pdf

IP-Watch Inside Views Contribution, April 4, 2013



Law, Finance, Politics and Health: The complex access challenge

Global Health Law: Innovation, Access and Justice

The Annual Lecture of the LL.M Programme in Global Health Law and International Institutions, Graduate Institute of International Studies, Geneva, Switzerland, October 10, 2012

IP-Watch Report of Event

F. M. Abbott Presentation Audio
The US Generic Pathway

The Generics Pathway in the USA: the American experience, a model for the world?

By Frederick M. Abbott

Presentation to:

Foro Latinoamericano


Asociación Latinoamericana de Industrias Farmacéuticas - La Asociación Nacional de Fabricantes de Medicamentos

XXIII Asamblea Anual

Mexico City

May 15, 2012

Download presentation here


Integrating Public Health and Industrial Development

Trends in local production of medical products in developing countries: integrating public health and industrial development


Local Production for Access to Medicines – Stakeholder Meeting
World Health Organization, Geneva
February 9, 2012

Download PowerPoint here

Trends in Production

Trends in Local Production of Medicines and Related Technology Transfer - PowerPoint

Presentation at seminar on local production and access to medical products, World Health Organization and European Parliament Working Group on innovation, access to medicines and poverty related diseases, European Parliament, Brussels, Dec. 7, 2011   

Download PowerPoint here

Intellectual Property and Public Health

Meeting the Challenge of Sustainability



Intellectual Property and Public Health: Meeting the Challenge of Sustainability: PowerPoint Presentation

Presentation at 5th High-Level Symposium on Global Health Diplomacy, 10 Years after the Doha Declaration: The future agenda at the interface of Public Health, Innovation and Trade: An outlook on the next ten years, Geneva, Nov. 23, 2011 

Download PowerPoint here

Legal Rules


Legal Rules and Political Realities


Panel:  How would we change the TRIPS Agreement?
Presentation at Médecins Sans Frontières’ Access Campaign
Revising TRIPS for Public Health: Can TRIPS be reformed to meet public health needs?
21st November 2011
Le Club suisse de la presse, Geneva

Download PowerPoint here


Defending the Channels

Defending the Channels of Essential Goods: IP, Trade and Public Welfare

Defending the Channels of Essential Goods: IP, Trade and Public Welfare

Panel on IP as an obstacle to (legitimate) trade

Basic policies, customs regulations & goods in transit

30th Annual ATRIP Congress, Singapore, 25-27 July 2011

Download PowerPoint here

IP and Innovation


IP and Innovation Policy: Paradigms for Development

Presented at

Centre for WTO Studies (New Delhi)/South Centre
New Delhi, April 28-29, 2011

Download PowerPoint here


Global Enforcement Trends

Global Trends in Intellectual Property Enforcement: Implications for India

Presented at meeting hosted by FICCI (Federation of Indian Chambers of Commerce and Industry)

October 22, 2010

New Delhi, India

Download PowerPoint here

An International Framework

First Report (Final) to the Committee on International Trade Law of the International Law Association on the Subject of Parallel Importation

Download here:

Journal of International Economic Law, Vol. 1, No. 4, pp. 607-636, 1998

Abstract: The First Report on Parallel Imports approaches the exhaustion/parallel imports question in broad economic terms, asking whether there may be an economic and social welfare benefit to permitting IPRs holders to block parallel imports that outweighs the potential harm to liberal trade. The Report addresses each major form of IPR (patent, trademark and copyright) separately. It concludes with respect to each form that the evidence of benefits that might flow from allowing parallel imports to be blocked is insufficient to justify the potential inhibition of trade. The Report observes that most objectives which IPRs holders seek to achieve by the allocation of geographic markets can be attained through less trade restrictive means, namely through the vertical allocation of distribution territories by contract. The interests of the developing countries are a focus of the Report. Some economists have suggested that allowing rules on parallel information to enforce price discrimination in favor of developing countries may increase global economic welfare. The Report concludes that developing and developed countries are better served by open markets and the operation of comparative advantage. The Report recommends that the WTO adopt a rule precluding governments from blocking parallel imports save in certain exceptional cases, and it also suggests that further study of this issue would be desirable.

Trends Stakeholder Dialogues


Trends in Health Related Technology Transfer and Local Production: Initiatives and Stakeholders’ Views

Dialogues in Cape Town, South Africa; Buenos Aires, Argentina; Kuala Lampur, Malaysia


Asian Dialogue on Technology Transfer for Local Manufacturing Capacity of Drugs and Vaccines, Organised with the support of the World Health Organization and the European Union , 29-30 April 2010, Kuala Lumpur, Malaysia

Download PowerPoint here

Latin American Dialogue on Technology Transfer for Local Manufacturing Capacity On Drugs And Vaccines, 18-19 March 2010, Buenos Aires, Argentina, Organized with the support of the World Health Organization and the European Commission

Download PowerPoint here

African Workshop on Technology Transfer for Local Manufacturing Capacity on Drugs and Vaccines, Organized with the support of the World Health Organization and the European Commission, 10-11 December, Cape Town, South Africa

Download PowerPoint here




Innovation as Imperative

Innovation as Imperative to Sustainable Development: Meeting the New Challenges

Presentation at

Citenel V Congress on Technological Innovation in Electrical Energy

June 22, 2009, Belem, Brazil

Download PowerPoint here


China Enforcement Case

The China Enforcement Case and Trends in International IP Protection

Presentation at Ninth Annual WTO Conference - May 20, 2009, BIICL, in cooperation with Institute of International Economic Law, Journal of International Economic Law and Society of International Economic Law 

Presentation Audio

Technology for Climate Change

Innovation and Technology Transfer to Address Climate Change: lessons from global policy development on intellectual property and public health (PowerPoint)


Presented at

ICTSD Dialogue
Climate Change, Transfer of Technology and IPRs:
The Challenge of Evidence based Policy, Geneva, March 27, 2009

Download PowerPoint here





Audio of Presentation and ICTSD Dialogue - WIPO (Geneva)
Untangling Web


Unweaving Our Tangled Patent Web: Negotiating a framework for the sharing of influenza viruses with human pandemic potential

Presented at

Swiss Federal Institute of Intellectual Property, Berne, March 26, 2009

Download PowerPoint here

Patent Landscaping

Patent Landscaping in the Field of Medicines: Policy and technical options

Presentation for Life Sciences Symposium
Public Policy Patent Landscaping in the Life Sciences
Geneva, April 7-8, 2008 

Download PowerPoint here

Colombia Comparative Study

Comparative Study of Selected Government Policies for Promoting Transfer of Technology and Competitiveness in the Colombian Pharmaceutical Sector (PPT)

Presentation to Colombian Industry Groups

Technical Consultant

August 22-23, 2007

Bogota, Colombia

Download PowerPoint here


Mercantile Pharmaceutical War

TRIPS II, Asia and the Mercantile Pharmaceutical War: Implications for Innovation and Access (PPT)

Presentation at

Stanford Center for International Development
Conference on Economic Challenges in Asia
May 31 – June 3, 2006

Download PowerPoint here

Patent Licensing and Competition

Patent Licensing, Competition Law and the draft Substantive Patent Law Treaty

Open Forum on the draft Substantive Patent Law Treaty

World Intellectual Property Organization

March 2, 2006, Geneva

Download PowerPoint here

Para. 6 Negotiations at WTO

Negotiations in the WTO TRIPS Council pursuant to Paragraph 6 of the Ministerial Declaration on the TRIPS Agreement and Public Health

World Bank Seminar (Patents and Affordable Medicines: The State of Play at the WTO)

Washington, DC

February 3, 2003

Download PowerPoint here

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