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Investment treaty tribunal confirms trademark licences can be qualifying investments entitled to treaty protection


In a recent deliberation arising from an ICSID dispute between two U.S. Bridgestone entities and the Republic of Panama involving trademarks for tires, an arbitral tribunal has for the first time engaged in a full discourse over the question of whether the exploitation of registered trademarks and the exploitation of trademark licences can qualify for investment protection under the applicable treaty.

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