Protection of Intellectual Property Rights in Investor-State Arbitration: Underlying Challenges and Perspectives




intellectual property rights, intellectual property disputes, IPRs holders, investment arbitration, bilateral investment treaties, foreign investment


This article provides an analysis of existing international mechanisms for protecting intellectual property rights and concludes whether investment arbitration can be an effective forum for resolving intellectual property disputes. It focuses on an examination of the scope of intellectual property rights protection by bilateral investment agreements, as well as the specifics of the investment dispute resolution procedure. In addition, the analysis includes an assessment of the territoriality principle of intellectual property rights and its application in Ukrainian law, as well as an examination of international investment treaties concluded with Ukraine to determine the scope of protection afforded to intellectual property.

Author Biographies

Kateryna Lazarchuk, Hillmont Partners, Ukraine

Kateryna Lazarchuk is an Associate with the International Dispute Resolution Practice at Hillmont Partners. She specializes on complex domestic litigation, cross-border dispute resolution and international arbitration. She has advised on disputes arising from contract law issues and non-contractual liability, bankruptcy and debt collection, as well as on exports and imports of goods and services.

Oksana Zadniprovska, Axon Partners, Ukraine

Oksana Zadniprovska is an Attorney-at-law and a Partner at Axon Partners. She advises the IT companies on privacy, including data protection and compliance, intellectual property and contract law. She has acted as a counsel to technocrats, the IT business of any size and categories (start-ups and incubators, outsourcing companies, product companies, etc.).