It ＇s controversial to define the range of indirect expropriation. Although the trademark right is a knowledge production of the modern era, it belongs to the expropriation property which was regulated in many treaties. The Philip v Uruguay provided a new view that whether the restrictions on the use of trademarks constitutes indirectly expropriation .Philip claimed that the plain packing had re-duced his profitability and it was indirect expropriation. However, the arbitrators judged that it could not be indirect expropriation, due to the purpose of the government action was for public interests. Moreover, the plain packing did not infringement trademark rights and de-prived of the trademark. There is always a conflict between social benefits and interests of the individual investors, so the government be-havior plays an important role to balance.
Journal of Wuyi University