"Introduction" [2019] ELECD 1824; in Potocnik, Metka (ed), "Arbitrating Brands" (Edward Elgar Publishing, 2019) 1

Book Title: Arbitrating Brands

Editor(s): Potočnik, Metka

Publisher: Edward Elgar Publishing

Section Title: Introduction

Number of pages: 21

Abstract/Description:

The Introduction to the book introduces the scope, aim and background to the issues discussed. In its brief literature review, the introduction explains the suggested gap this book aims to contribute to. Particularly this book examines the cross-section between intellectual property law (trade mark law) and international investment law. Whereas there has been a broader acceptance of private commercial intellectual property disputes being resolved in international commercial arbitration, the investment arbitration cases are still more rare. They are also more controversial, as they potentially raise issues of conflict between private investors and states. The book introduces in its introduction the main concepts it will use: the “toolbox of translators”. These analytical tools originate from international investment law and are here applied to trade mark law. This approach will assist the reader with the analysis of trade mark investment disputes. The introduction also briefly signposts the content of the book.