Research On The Improvement Of Intellectual Property Protection Path In International Investment Law

With the development of intellectual economy,the focus of intellectual property protection has shifted from the field of international trade to the field of international investment.In the field of international trade,the path of intellectual property protection has developed more mature and perfect,However,in the field of international investment,the path of intellectual property protection is in a less mature stage.With the economic exchanges among countries,the international community attend to more concentrate on the protection of intellectual property.Because the intellectual property as an investment has the property of investment and the property of exclusive right,the investment protection of intellectual property will overlap and conflict with the protection of intellectual property.In the field of international investment,relevant international treaties and investment agreements aim to protect the security of investment and the treatment of investment in the host country.However,in the field of intellectual property protection,the relevant international treaties have a strong protection force,which also gives each member country a large space for legislative regulation.This paper analyzes the historical evolution of the path of intellectual property protection in the international investment law and the development and motivation of the path of intellectual property protection in the international investment norms.Through the current international investment law in the intellectual property rights protection of the status quo analysis.It is found that the current international investment norms on the path of intellectual property protection of the existing problems.The definition of entity clause specification is vague,the boundary of investment treatment clause standard is unclear,the interest conflict of all parties,the defect of different remedy procedure.How to improve the protection of intellectual property in international direct investment,we can find a breakthrough from the standard of investment treaty entity,the settlement procedure of investment dispute,and the value orientation of each country.To be specific,there are three aspects to improve the path of intellectual property protection in the international investment law.On the one hand,it is necessary to clarify the normative accuracy of relevant provisions in the entity norms: It includes clear definition of intellectual property investment category,definition of applicable standards of intellectual property investment in terms of fair and just treatment,protection scope of intellectual property investment in terms of non-discriminatory treatment,and setting reasonable exceptions.On the other hand,the path of procedural protection: the international investment arbitration mechanism should be improved,and the dispute settlement compensation mechanism should be set up.The third aspect is about coordinating the conflicts of interests: balancing the interests of investors and host countries,public interests and private interests,developed countries and developing countries.