Defining Trademarks as Investment in International Investment Law – Some Guidance from Bridgestone v. Panama

The Panama Canal. One of the biggest and most controversial US investments in Panama.

 

Guest post by Ivan Stepanov*

The relationship between intellectual property (IP) and international investment law is no longer at the fringe of the disciplines. The Philip Morris and Eli Lilly cases brought the uneasy relationship to the attention of a wider audience. The reason the cases rose to prominence was their intrinsic relationship with issues related to public health. Although not so apparent, both cases likewise contributed immensely in a jurisprudential manner, clarifying how IP will be treated in international investment law and arbitration. Following in their footsteps is Bridgestone v. Panama. Seemingly not immediately impactful, Bridgestone v. Panama brings us some novelties that can set the discourse for future IP investment cases.

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Final Countdown! New EU data protection law applies as of 25 May 2018

Guest post by Helmut Liebel*

In only a few months, the new General Data Protection Regulation (GDPR) will be directly applicable in all EU member states. The GDPR replaces the 1995 EU Data Protection Directive. For the first time, a uniform, directly applicable EU data protection law is introduced.

 

THE AIM

The GDPR protects personal data of natural persons, such as employees, customers and suppliers. Regardless whether companies (as controllers) process the data of such data subjects in the EU themselves or task processors with this job, in each case they must comply with the GDPR. Continue reading “Final Countdown! New EU data protection law applies as of 25 May 2018”

Why did Japanese electronics companies surpass rivals in technologies and number of patents, but lose in business?

trustinip-stock

Car navigation systems, DVD players, liquid crystal displays, solar panels, DRAM memory and lithium ion batteries are products that have been invented and developed mainly by Japanese companies. The companies created new markets and got high market shares with many patents to exclude rival companies. Then the world’s markets expanded several times larger in scale. They kept investing high amounts in R&D for higher functionalities. Their world’s market shares recorded once more than 80% in all above-mentioned products except for DRAM memory (more than 40%). However, even though the market expanded, their shares have been drastically decreasing although they had developed cutting edge technologies with many patents related thereto. There is one report (Masahiro Samejima et al., Encouragement of IP Strategy, February, 2016), which analyzed the reason of their defeat in business and introduced a new interesting point of view. I would like to briefly discuss it here.

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