Inter-State Conflicts and the Implications for Foreign Intellectual Property Right Holders

When there is a conflict between states, what happens to a foreigner holding an intellectual property right (IPR) in one of those states? This issue arose recently in the form of economic and diplomatic conflicts. It also arose throughout the 20th Century in the context of armed, economic and diplomatic conflicts. Drawing on those events, I observe three pathways that international law can follow. First, international law can strengthen the hand of the foreign IPR holder. Second, international law can weaken their hand. Third, new or existing protections can be relied upon, but with limited effect. These pathways are illustrated by drawing on mostly well-known treaties and some less well-known disputes brought thereunder.