The EUs cumbersome investment law and policy, and its effects on the protection of intellectual property rights

Gáspár-Szilágyi, Szilárd ORCID: https://orcid.org/0000-0001-7204-406X 2020. The EUs cumbersome investment law and policy, and its effects on the protection of intellectual property rights. Geiger, Christophe, ed. Research Handbook on Intellectual Property and Investment Law, Law 2020, Edward Elgar Publishing: Christophe Geiger, 461–476. (10.4337/9781788977821.00034)

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Abstract

The extension of the EU’s exclusive competences over foreign direct investment, instead of being a smooth operation meant to streamline the investment policies of the Member States into one common EU investment policy, has turned into an arduous process of legal and political hurdles. The purpose of this chapter is to explain the ways in which the EU’s cumbersome investment law and policy can affect the protection of the intellectual property (IP) rights of EU investors abroad, by focusing on the following core issues: (a) the fate of Member State bilateral investment treaties (BITs) with third countries following the Lisbon amendments; (b) the conclusion of new EU trade and investment agreements; (c) the compatibility of intra-EU BITs with EU Law; and (d) the compatibility between the Investment Court System and investment tribunals under Member State BITs with third countries and EU law.

Item Type:	Book Section
Date Type:	Publication
Status:	Published
Schools:	Schools > Cardiff Law & Politics
Publisher:	Christophe Geiger
ISBN:	9781788977814
Last Modified:	20 Jan 2026 14:00
URI:	https://orca.cardiff.ac.uk/id/eprint/183494

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