Intellectual Property Rights as Foreign Direct Investments
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Intellectual Property Rights as Foreign Direct Investments From Collision to Collaboration

From Collision to Collaboration

  • Elgar International Investment Law series

Lukas Vanhonnaeker

This discerning book examines the interface between intellectual property and foreign direct investments to consider one key question: how does the international investment law framework and the international legal regime regulating intellectual property converge? The book scrutinizes circumstances in which and to what extent international investment law’s traditional protective standards apply to intellectual property rights investments and contributes to debate surrounding the fragmentation of international law, arising from its expansion and diversification.
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Chapter 9: What protection against intellectual property rights piracy under international investment law?

Lukas Vanhonnaeker

Extract

The relationship between IPR and FDI is quite complex. On the one hand, a weak IPR regime increases the probability of imitation, which makes a host country a less attractive location for foreign investors. On the other hand, strong protection may shift the preference of multinational corporations from FDI towards licensing. (Beata K. Smarzynska)

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