Journal of Intellectual Property Rights

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Revisiting the Investment Opportunities in Intellectual Property


Affiliations
1 Villa College, Ruhkendiya Hingun, Male, North Central Province,, Maldives
2 Symbiosis Law School, Nagpur, Symbiosis International (Deemed UniversityPune) – 440 008,, India
3 Symbiosis Law School, Hyderabad, Symbiosis International (Deemed UniversityPune) – 500 026,, India
 

The present study shall assess the various modes and kinds of investments in the recent past and how the investment in intangibles has witnessed growth in the recent decade. This doctrinal study found that Intellectual Property Rights (IPR) as an investment has been in use since the late 1900s in various international agreements, apart from the traditional methods of investment in IPR such as, licensing, assignment, and securitization. Though, some countries do not have legislations to deal with the traditional methods of investment, International Investment Agreements (IIAs) have been a driving force for the investments in IPR. Since the advent of such an agreement, countries have always mentioned IP protection as an essential clause. However, the differing laws of the countries paved the way for varied definitions and kinds of IP protection. It has been found from the existing literature that at the present, most IIAs have emphasized investor protection priority over IP protection which also forms an essential part of the agreement. This requires that there be adequate laws to supplement the agreements at both the domestic and international levels. The IP forming the heart of the agreement should be given priority in terms of protection coupled with adequate redressal mechanisms.

Keywords

Investment, International Investment Agreements, License, Assignment, Franchise, Intangible Investment, International Centre for Settlement of Investment Disputes.
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  • Revisiting the Investment Opportunities in Intellectual Property

Abstract Views: 269  |  PDF Views: 134

Authors

Asna Ahmed
Villa College, Ruhkendiya Hingun, Male, North Central Province,, Maldives
Ahmar Afaq
Symbiosis Law School, Nagpur, Symbiosis International (Deemed UniversityPune) – 440 008,, India
Rupal Chhaya
Symbiosis Law School, Hyderabad, Symbiosis International (Deemed UniversityPune) – 500 026,, India

Abstract


The present study shall assess the various modes and kinds of investments in the recent past and how the investment in intangibles has witnessed growth in the recent decade. This doctrinal study found that Intellectual Property Rights (IPR) as an investment has been in use since the late 1900s in various international agreements, apart from the traditional methods of investment in IPR such as, licensing, assignment, and securitization. Though, some countries do not have legislations to deal with the traditional methods of investment, International Investment Agreements (IIAs) have been a driving force for the investments in IPR. Since the advent of such an agreement, countries have always mentioned IP protection as an essential clause. However, the differing laws of the countries paved the way for varied definitions and kinds of IP protection. It has been found from the existing literature that at the present, most IIAs have emphasized investor protection priority over IP protection which also forms an essential part of the agreement. This requires that there be adequate laws to supplement the agreements at both the domestic and international levels. The IP forming the heart of the agreement should be given priority in terms of protection coupled with adequate redressal mechanisms.

Keywords


Investment, International Investment Agreements, License, Assignment, Franchise, Intangible Investment, International Centre for Settlement of Investment Disputes.

References