Regulating critical technologies: National security and intellectual property

We investigate the legal solutions in relevant international trade and investment regimes that aim to tackle the unpredictability and instability created by selected trade measures based on national security and other non-economic objectives in international intellectual property protection. These measures include trade bans on the export and import of digital technologies and blocking investments to prevent the diffusion of intellectual property. In order to prevent abuse and ensure inclusivity, we propose a conditional right for invoking national security grounds to encompass claims reflecting multi-faceted security interests and a multi stakeholder model for governing critical infrastructure and technologies.

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