Intellectual Property Rights and Foreign Direct (Hardcover)

Given a different structure of demand for Intellectual Property Rights (IPR) protection under the Trade Related Aspects of Intellectual Property Rights (TRIPS) mandate (geared toward the developing world to comply with the minimum protection criterion as opposed to a too stringent and weak IPR system, especially using the Agreement's flexibilities for implementing TRIPS considering a developing country's legal framework and other socio-economic conditions for attracting FDI), this research essay has investigated how an adequate IPR protection mechanism under the framework of TRIPS can augment FDI from a developing country's perspective. The basic theme advanced throughout this essay is that developed countries should exercise greater tolerance and flexibility to help developing countries comply with the TRIPS mandate of adequate IPR protection toward the generation of greater FDI in the emerging economies, and help reach a common platform on global IPR protection, which would be beneficial for both parties' in the long-term. In this context, developed countries should extend their cooperation by means of monetary and technical assistance and offer greater flexibility to help developing countries reform their domestic IPR regimes, which include (a) building a consensus for IPR reform (b) administration and judicial reform (c) administration and enforcement of IPR so that developed countries feel more secure to invest in developing countries, which could potentially increase foreign investment.