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Eli Lilly And The International Investment Law Challenge To A Neo-Federal Ip Regime, Jason Yackee, Shubha Ghosh

Vanderbilt Journal of Entertainment & Technology Law

This Article examines the implications of the Eli Lilly case-and international investment law (IIL) more generally-for the operation of an international intellectual property (IP) regime that functions along the lines of the "neo-federalist" model developed by Professors Dinwoodie and Dreyfuss. The neo-federalist model involves a world in which the international IP regime grants national political communities substantial discretion to pursue their own visions of the normatively proper balance between the rights of IP creators and of those who seek to use it. Importantly, that discretion involves the ability to alter the existing normative balance in either the direction of more …