This paper analyzes the protection of intellectual property in international investment law, more specifically the conflict between trademark protection and tobacco control exemplified by the Philip Morris v. Uruguay case. The main questions this paper aims to answer are how and to what extent may the adoption of tobacco control measures by states can be considered violations of investment treaty provisions protecting trademarks of tobacco companies. This analysis demonstrates that the adoption of tobacco control measures might not be considered a violation of investment treaty provisions protecting trademarks of tobacco companies as long as they are enacted to control the presentation of tobacco products in the domestic market; do not constitute a substantial deprivation of the value, use, or enjoyment of the investment; and are adopted in accordance with other international commitments and legitimate national public health objectives.

Continue reading Repackaging Intellectual Property Protection in International investment Law: Lessons from the Philip Morris v. Uruguay Case