Mapping Uncharted Waters: Intellectual Property Disputes with Public Health Elements in Investor-State Arbitration

This article offers a primer on recent investment disputes concerning intellectual property. The flourishing of investor-state arbitrations in recent years has transformed the landscape of investment protection since customary international law provided for state–to-state disputes only. The investor-state dispute settlement mechanism has increasingly been used in disputes relating to intellectual property, albeit this trend is still in its infancy. This article aims to shed light on the emerging case law and to critically assess the interplay between IP protection and public health in international investment law. Finally, it offers some interpretative tools to reconcile the possible antinomies between the intellectual property regime and other bodies of international law.