Intellectual Property as Investment and the Implications for Industrial Policy

Intellectual Property as Investment and the Implications for Industrial Policy
Anselm Kamperman Sanders

ISBN 978-90-411-9097-0
Kluwer Law International BV, The Netherlands

The chapter explores the way in which intellectual property rights can be considered investments, and under which circumstances state acts of ‘expropriation’ may give rise to legitimate claims under ISDS. It is argued that the legitimate expectations of an intellectual property investor are rather limited, as intellectual property rights, being instruments of innovation policy, are by definition subject to policy change.