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Expert Analysis

Thorny Questions For IP Rights Under Investment Treaties

By Claudia Annacker, Laurie Achtouk‑Spivak, Ariella Rosenberg, Christopher Moore, Nathaniel Jedrey and Rikki Stern (March 14, 2018, 9:48 PM EDT) -- In a December 2017 decision, the International Centre for Settlement of Investment Disputes arbitral tribunal in Bridgestone Licensing Services Inc. and Bridgestone Americas Inc. v. Republic of Panama ruled that trademarks and trademark licenses may constitute protected investments under the United States-Panama Trade Promotion Agreement and the ICSID Convention, provided that the owner or licensee of the trademarks can show that it is actively exploiting them....

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