Keywords: international investment treaties
Summary: in recent years, international protection of intellectual property rights has increasingly emerged as an extension from "trade-related" to "investment-related". International investment treaties include intellectual property rights in the context of "investment", and add a new layer of protection to intellectual property rights through investment treatment provisions and investor-state dispute settlement mechanisms. The emergence of cases such as the morris case and the ley v. Canada case shows that intellectual property owners are trying to use international investment treaties and their arbitration mechanisms more actively to challenge host country intellectual property policies (measures), leading to some degree to the dilemma of competing protections between international investment treaties and intellectual property treaties, breaking the already established balance between private rights protection and social well-being in intellectual property treaties. It was therefore necessary to adapt and reform international investment treaties and their arbitration mechanisms, to clarify the boundaries of protection of intellectual property rights in investment treaties and to preserve the autonomous space of host country intellectual property policy (measures). In the case of investment treaties, the protection of intellectual property while maintaining the elasticity mechanisms and restrictive clauses embedded in intellectual property rules is a legitimate part of their future development。
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