Metka Potočnik, Senior Lecturer in Law, Wolverhampton Law School, University of Wolverhampton, UK

• Contents:PrefaceAcknowledgementsAbbreviationsIntroduction1. Background, Scope and Terms of Reference2. Interference Between IP Law and International Investment Law: settled and remaining issues3. Dialogue of Two Bodies of Law: Toolbox of Translators4. Chapter StructureChapter 1: Trade mark investment disputes: case studies1. Origins of TM investment disputes2. Case Study 1: Tobacco trade marks3. Case Study 2: Unhealthy food and beverages trade marks4. Case Study 3: Infant formula trade marks5. Case Study 4: Disparaging, immoral and scandalous trade marks6. ConclusionChapter 2: Special approach: a justification1. IP as lex specialis and Consequent Special Approach2. Justification of Property in Trade Marks3. Legislative History on Trade Marks and Brands4. Justification for a Special Approach5. ConclusionChapter 3: Jurisdiction and applicable law in trade mark investment disputes1. Introduction2. Jurisdiction3. Applicable law in Investment Treaty Arbitration4. ConclusionChapter 4: Defining trade marks and brands as investment assets: delegation to trade mark law1. Introduction and StructurePart A: Attributes of property in trade marks and brands2. Object of protection3. Attribute One: Control manifested in the exclusive rights conferred in registered trade marks4. Attribute One-Plus: extended control conferred by well-known trade marks5. Attribute Two: Use of Trade Marks6. Attribute Three: Transferability of Trade Marks7. Attributes of Property in Brand Value: Protecting Goodwill through Unfair Competition LawsPart B: Restrictions to Property in Trade Marks and Brands8. Internal Limitations to Property in Trade Marks9. External Limitations to Property in Trade Marks10. ConclusionChapter 5: Attributes of property in investment assets: origins in investment law1. Introduction and StructurePart A: Substantive protection of Investment Assets2. Indirect Expropriation3. Fair and Equitable Treatment StandardPart B: State’s Right to Regulate Investor’s Interests in Property4. Limitations to the Standard of Indirect Expropriation5. Limitations to the FET Standard6. ConclusionChapter 6: State liability for regulating trade marks and brands: the dialogue of two bodies of law1. Introduction and StructurePart A: Investment Treaty Violation caused by Interference with Trade Marks and Brands2. Expropriation of Trade Marks and Goodwill: a Two-Step Test3. Fair and Equitable Treatment of Trade Marks and GoodwillPart B: State’s Freedom to Regulate the Use of Trade Marks for Reasons of Public Interest4. TRIPs as the Guardian of Public Interest is left to the Discretion of Arbitral Tribunals5. Investment Treaty Considerations of Public Purpose are Limited in Scope6. Fundamental Rights: Possible, yet Ineffective Limitations to Investor’s Rights7. ConclusionChapter 7: Controlling the power of brands: in search of a balanced approach via the international rule of law1. Introduction: A demand for a special adjudication approach in TM investment disputes2. Adjudication in accordance with international law and its rule of law (RoL) standards3. Implications of RoL Adjudication4. ConclusionChapter 8: Remedies in trade mark investment arbitration1. Introduction2. Trade mark remedies: practice from trade mark laws3. The remedy of specific performance unlikely available in ITA4. Monetary Compensation: the traditional remedy in ITA5. Market Value of Trade Marks and Goodwill: the challenge of valuation6. Moral Damages: Harm to Investor’s Reputation7. Reducing Full Compensation: available principles8. ConclusionConclusionBibliographyIndex

'This book helps to bridge the communication gap between IP lawyers and international investment lawyers. It provides a roadmap to the many IP issues that can arise under international investment laws and proposes ways of ensuring effective, informed and fair decision-making in a field that is becoming increasingly important (and contentious).'--David Llewelyn, Singapore Management University, Singapore