英文摘要 |
The suspension of the WTO dispute settlement body (DSB) and the rise of the TRIPS-Plus standard have made international investment arbitration increasingly important in the resolution of international IP disputes. The broad definition of investment in investment agreements has allowed IPR disputes to escape into the international investment arbitration regime. However, the public policy nature of IPRs makes them different from general property rights, and the settlement of IPR disputes by investment arbitration faces the problems of undermining the autonomy of IPR public policy of host countries and diminishing the flexibility granted by TRIPs agreements, and the restrictive measures adopted by some existing investment agreements also have the problems of undermining the exclusive jurisdiction of DSB and improper allocation of the burden of proof. In order to avoid the negative impact of IPR investment arbitration, the mechanism for appointing arbitrators should be reformed; the scope for arbitral tribunals to freely interpret and apply treaties should be reduced; and the construction of alternative dispute resolution mechanisms should be emphasized. |