Philip Morris v Uruguay: A Breathing Space for Domestic IP Regulation

Abstract

Philip Morris v Uruguay is one of the first high ­profile cases where IPRs have been litigated in investor ­state dispute settlement (ISDS). The tribunal decision reaffirms the state’s sovereign right to regulate matters of public interest and held that public health measures do not amount to expropriation and violation of fair and equitable treatment under international investment law. The tribunal decision in favour of Uruguay and in general the success of tobacco plain packaging attracted countries to adopt such measures for unhealthy foods and drinks. This reflects that globally we are moving towards new IP system for health.