by Shubha Ghosh, Director, Technology Commercialization Law Curricular Program and SIPLI, Syracuse University College of Law
In the most recent issue of the Vanderbilt Journal of Entertainment and Technology Law, I take a deep dive into the question of when an investor can challenge a change in a country’s intellectual property law as an expropriation in violation of an investor-state agreement. The article is co-authored with Professor Jason Yackee of the University of Wisconsin Law School and focuses on the Eli Lilly dispute in Canada, resolved in 2017. Our conclusion is that states have great latitude in shaping their intellectual property laws in order to best promote technology development and innovation.