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The Impact of International Investment Law on International Intellectual Property Law in the Context of the Territoriality Principle: A Critical Examination of Intellectual Property Provisions in Bilateral Investment Treaties of M... / RAMIL GACHAYEV

Swansea University Author: RAMIL GACHAYEV

  • E-Thesis – open access under embargo until: 30th May 2030

DOI (Published version): 10.23889/SUthesis.69597

Abstract

The inclusion of intellectual property (IP) within international investment law, particularly through bilateral investment treaties (BITs), poses significant challenges to traditional IP governance based on territoriality and national regulatory autonomy. This thesis investigates how BITs concluded...

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Published: Swansea, Wales, UK 2025
Institution: Swansea University
Degree level: Doctoral
Degree name: Ph.D
Supervisor: Davies, Arwel ; Davies, Lowri
URI: https://cronfa.swan.ac.uk/Record/cronfa69597
first_indexed 2025-05-30T12:05:50Z
last_indexed 2025-08-28T05:17:05Z
id cronfa69597
recordtype RisThesis
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spelling 2025-08-27T12:06:52.8230588 v2 69597 2025-05-30 The Impact of International Investment Law on International Intellectual Property Law in the Context of the Territoriality Principle: A Critical Examination of Intellectual Property Provisions in Bilateral Investment Treaties of Middle-Income Countries fcb871cce93dd818a6e625a0d15c148e RAMIL GACHAYEV RAMIL GACHAYEV true false 2025-05-30 The inclusion of intellectual property (IP) within international investment law, particularly through bilateral investment treaties (BITs), poses significant challenges to traditional IP governance based on territoriality and national regulatory autonomy. This thesis investigates how BITs concluded by middle-income countries integrate IP rights into investment treaty regimes, examining the doctrinal tensions, uncertainties, and regulatory implications arising from this integration. It addresses critical gaps in current legal scholarship by systematically examining IP-related treaty practices and demonstrating their impact on sovereign regulatory capacity. Using a combined doctrinal and systematic content analysis, the study analyses 815 BITs to assess how IP is defined, categorised, protected, and procedurally addressed. The main standards of investment protection (expropriation, fair and equitable treatment, national treatment, most-favoured-nation treatment, and full protection and security) are evaluated in light of IP disputes, revealing varying normative tensions. The findings show that many BITs refer to IP as a protected asset but seldom clarify its scope, territorial application, or the conditions under which regulation remains legitimate. The research contributes by advancing and refining existing proposals for treaty reform. It builds on earlier calls for more IP-sensitive drafting by offering a detailed model BIT informed by the treaty practices of MICs. This includes observations on IP typologies, the procedural design of investor–state dispute settlement, and definitional distinctions that reflect national policy goals. The study also supports the long-term establishment of a specialised International Intellectual Property Court, arguing that current adjudicative forums are ill-equipped to address the legal specificities of IP governance. By clarifying legal ambiguities and proposing structurally grounded alternatives, the thesis offers an original contribution to ongoing efforts to balance investor protection with public-interest governance in IP. It provides a framework for rethinking treaty design in ways that support legal coherence, policy autonomy, and development priorities. E-Thesis Swansea, Wales, UK intellectual property, investment, territoriality principle, investment tribunal, ISDS, bilateral investment treaties, middle-income countries 30 5 2025 2025-05-30 10.23889/SUthesis.69597 ORCiD identifier: https://orcid.org/0000-0003-0965-0432 COLLEGE NANME COLLEGE CODE Swansea University Davies, Arwel ; Davies, Lowri Doctoral Ph.D The Government of the Republic of Azerbaijan The Government of the Republic of Azerbaijan 2025-08-27T12:06:52.8230588 2025-05-30T13:02:30.5953410 Faculty of Humanities and Social Sciences Hilary Rodham Clinton School of Law RAMIL GACHAYEV 1 Under embargo Under embargo 2025-05-30T13:10:55.7695505 Output 3255611 application/pdf E-Thesis – open access true 2030-05-30T00:00:00.0000000 Copyright: The Author, Ramil Gachayev, 2025. true eng
title The Impact of International Investment Law on International Intellectual Property Law in the Context of the Territoriality Principle: A Critical Examination of Intellectual Property Provisions in Bilateral Investment Treaties of Middle-Income Countries
spellingShingle The Impact of International Investment Law on International Intellectual Property Law in the Context of the Territoriality Principle: A Critical Examination of Intellectual Property Provisions in Bilateral Investment Treaties of Middle-Income Countries
RAMIL GACHAYEV
title_short The Impact of International Investment Law on International Intellectual Property Law in the Context of the Territoriality Principle: A Critical Examination of Intellectual Property Provisions in Bilateral Investment Treaties of Middle-Income Countries
title_full The Impact of International Investment Law on International Intellectual Property Law in the Context of the Territoriality Principle: A Critical Examination of Intellectual Property Provisions in Bilateral Investment Treaties of Middle-Income Countries
title_fullStr The Impact of International Investment Law on International Intellectual Property Law in the Context of the Territoriality Principle: A Critical Examination of Intellectual Property Provisions in Bilateral Investment Treaties of Middle-Income Countries
title_full_unstemmed The Impact of International Investment Law on International Intellectual Property Law in the Context of the Territoriality Principle: A Critical Examination of Intellectual Property Provisions in Bilateral Investment Treaties of Middle-Income Countries
title_sort The Impact of International Investment Law on International Intellectual Property Law in the Context of the Territoriality Principle: A Critical Examination of Intellectual Property Provisions in Bilateral Investment Treaties of Middle-Income Countries
author_id_str_mv fcb871cce93dd818a6e625a0d15c148e
author_id_fullname_str_mv fcb871cce93dd818a6e625a0d15c148e_***_RAMIL GACHAYEV
author RAMIL GACHAYEV
author2 RAMIL GACHAYEV
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publishDate 2025
institution Swansea University
doi_str_mv 10.23889/SUthesis.69597
college_str Faculty of Humanities and Social Sciences
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hierarchy_top_id facultyofhumanitiesandsocialsciences
hierarchy_top_title Faculty of Humanities and Social Sciences
hierarchy_parent_id facultyofhumanitiesandsocialsciences
hierarchy_parent_title Faculty of Humanities and Social Sciences
department_str Hilary Rodham Clinton School of Law{{{_:::_}}}Faculty of Humanities and Social Sciences{{{_:::_}}}Hilary Rodham Clinton School of Law
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description The inclusion of intellectual property (IP) within international investment law, particularly through bilateral investment treaties (BITs), poses significant challenges to traditional IP governance based on territoriality and national regulatory autonomy. This thesis investigates how BITs concluded by middle-income countries integrate IP rights into investment treaty regimes, examining the doctrinal tensions, uncertainties, and regulatory implications arising from this integration. It addresses critical gaps in current legal scholarship by systematically examining IP-related treaty practices and demonstrating their impact on sovereign regulatory capacity. Using a combined doctrinal and systematic content analysis, the study analyses 815 BITs to assess how IP is defined, categorised, protected, and procedurally addressed. The main standards of investment protection (expropriation, fair and equitable treatment, national treatment, most-favoured-nation treatment, and full protection and security) are evaluated in light of IP disputes, revealing varying normative tensions. The findings show that many BITs refer to IP as a protected asset but seldom clarify its scope, territorial application, or the conditions under which regulation remains legitimate. The research contributes by advancing and refining existing proposals for treaty reform. It builds on earlier calls for more IP-sensitive drafting by offering a detailed model BIT informed by the treaty practices of MICs. This includes observations on IP typologies, the procedural design of investor–state dispute settlement, and definitional distinctions that reflect national policy goals. The study also supports the long-term establishment of a specialised International Intellectual Property Court, arguing that current adjudicative forums are ill-equipped to address the legal specificities of IP governance. By clarifying legal ambiguities and proposing structurally grounded alternatives, the thesis offers an original contribution to ongoing efforts to balance investor protection with public-interest governance in IP. It provides a framework for rethinking treaty design in ways that support legal coherence, policy autonomy, and development priorities.
published_date 2025-05-30T05:28:37Z
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