Intellectual Property in Friendship, Commerce and Navigation Treaties
Séminaire des doctorants en droit
Sciences Po Law School Intellectual Property Discussion Group
Pratyush Nath Upreti
Doctoral Researcher, Sciences Po Law School
In the nineteenth and twentieth century, international diplomacy and economic relations were maintained through the bilateral treaty of the Friendship Commerce and Navigation (FCN). Most of them included all areas of law, including intellectual property (IP).
The question which requires attention is the reason behind the inclusion of intellectual property rights (IPRs) in FCN treaties, was it aimed to regulate international IP in the absence of the global minimum standard? Similarly, whether the recent rise of mega-regional trade and investment agreements hints the return of FCN treaties to apprises future IP policymaking?
Keywords: intellectual property, treaty, FCN, regulation, BITs, policy