The Chorzow Factory Case and the Protection of Industrial Property under International Law

The Chorzow Factory judgment is widely recognized as a seminal decision in international law for its contribution to rules of State responsibility, the law of reparation, and the assessment of damages. In contrast, scholars have largely overlooked the significance of the judgment for the protection of the industrial property of foreigners under international law. This chapter seeks to rectify this oversight by examining the influences of the Chorzow Factory judgment on the international protection of industrial property rights. The chapter proceeds in three parts. First, it reviews the protection under international law of the industrial property rights of foreigners as it existed at the time the judgment was rendered. Second, the chapter analyses the major issues relating to industrial property covered in the judgment. Finally, the chapter explores the subsequent impact of the judgment on the international protection of industrial property rights. It posits that the Chorzow Factory judgment established the justiciability of issues relating to industrial property rights before international courts and tribunals; reinforced the role of unfair competition law in the protection of industrial property rights; and paved the way for the increased protection of industrial property rights through international trade and investment law.