Mehdi Piri Damgh; Mohammad Hossein Erfanmanesh; Seyed Mohammad Tabatabaei Nejad
Abstract
In cases regarding investment, the first duty of an arbitrator is to consider whether the action by a State hosting property of a foreign investor, is in breach of its international agreement-based obligations or not. The duties of the host state are usually broad in wording which makes it difficult ...
Read More
In cases regarding investment, the first duty of an arbitrator is to consider whether the action by a State hosting property of a foreign investor, is in breach of its international agreement-based obligations or not. The duties of the host state are usually broad in wording which makes it difficult for arbitrators to investigate and settle such cases. In this line, the approach that is taken to assess a breach of state's obligation with regards to the protection of foreign investors to a great extent is similar with the methods employed in other legal cases. The aim of this article is to examine and analyze the effectiveness of such methods in order to test their applicability in international investment arbitration. Since the measures taken by host state are considered as the administration of its sovereignty against a foreign investor and the decision of the international investment arbitration, this article concludes that the legal regime for international investment arbitration calls for particular elements that brings about a distinct regulating regime as well as the application of special standards of review.
mehdi zahedi; Mohammad Hossein Erfanmanesh
Abstract
Due to the need for legal action to protect traditional knowledge and medicine, efforts to prevent unauthorized use and to consolidate the possession of the owner countries on this knowledge have been made in the international arena. One of the key and most challenging proposed mechanisms for protection ...
Read More
Due to the need for legal action to protect traditional knowledge and medicine, efforts to prevent unauthorized use and to consolidate the possession of the owner countries on this knowledge have been made in the international arena. One of the key and most challenging proposed mechanisms for protection of traditional knowledge and medicine is disclosure requirements through the sui generis system of traditional knowledge protection. According to this proposal which targets misappropriation of traditional medicine through patent applications involving the utilization of traditional knowledge, patent applicants would be required to disclose the country providing such resources, and to provide relevant information regarding compliance with prior informed consent and access and fair and equitable benefit. The question that this Article tries to examine is to what extent the disclosure requirement could provide effective protection for traditional medicine and prevent biopiracy? Also, as it is proposed that these requirement to be incorporated in TRIPS Agreement within World Trade Organization and draft articles for protection of traditional knowledge in World Intellectual Property Organization, this Article will analyses the process and challenges of both proposals.
