Fikri mülkiyet haklarının yatırım tahkimi kapsamında korunması

In today's global world where the development of technology is unpredictably in tendency to enhance, protection of intellectual property rights has become even more important. In the era of innovation and rapid technological development and accordingly in the era when awareness about the importance of intellectual property rights is increased, intellectual property rights whose nature is independent from any physical existence can easily be transferred across the world. The right holders who desire to benefit from immeasurable worth of intellectual property rights through the utilization of such rights across the world do have also concerns about duly protection of their intellectual property rights in every country where such rights are transferred. When the acknowledgement highly associating intellectual property rights with public policy considerations of host states is taken into consideration, it would not be surprising to observe the concentrated concerns of right holders with respect to possible rejections of their being protected demands due to the public policy claims of host states or with respect to the seizure of such rights by host states through the public policy claims of host states. Under the circumstances, the right holders whose rights have been transferred to another country have been in search of the most available dispute settlement mechanism for the protection of their intellectual property rights internationally. In this direction, the purpose of this study is going to be to exhibit the conditions and consequences of an alternative dispute settlement mechanism for the protection of intellectual property rights internationally. Accordingly, within the scope of this study, investment arbitration under ICSID Convention will be proposed as the most available dispute settlement mechanism by providing the reasons of such preference specific to intellectual property rights.