In Some Manner, It Would Be Strenuous To Realize All Of

Paragraph 5 of the Preamble of the TRIPS Agreement provides that “the underlying public policy objectives of national systems for the protection of intellectual property, including developmental and technological objectives” Accordingly, the Preamble is not an operative provision. Therefore, Professor Grosse Ruse-khan suggests that the position of the Preamble “merely opens a door” for other national interest to be taken into consideration, nonetheless the interest would not necessarily prevail. He contends that non-economic interest would be only considered as an “exception” to the right. Through the use of the flexibilities embedded in TRIPS, Professor Gervais contends the Preamble recognizes developing countries’ need to realize their developmental objects, such as innovation policy. However, he also stresses that the flexibility should be used in a manner that “[creates] a sound and viable technological

-One can achieve a high level of innovation in some areas of the modern economy without the intellectual property protection – “excessive, unbalanced or poorly designed IP protections may be counterproductive”

Intellectual property is the main elements for economic growth and national competitiveness. President Obama mentioned that the United States of America must support intellectual property rights to be successful in an increasingly competitive international market which help the American people to meet their goals. It clearly shows that supporting of intellectual property by government completely related to economy because it has a direct relationship with innovation which is the main buddy in economy, and its benefits will effect to every single industries. In addition, Intellectual property is not just the final product of workers and companies but also it has positive effects to innovation of products, supplies, and commercial activities (U.S. Patent and Tred mark office 2012).

Intellectual property rights will remain a part of international trade agreements in the future, but the global activity will likely be characterized by varying standards and improved enforcement, reflecting evolution in social, cultural and political attitudes, and a deeper understanding of the relationships among innovation, creation and the more efficient distribution of intellectual property. Increased cooperation might occur at the governance level. Many of the fast and unprecedented changes in intellectual property law and policy over the past two decades are due to their intersection with international trade and the numerous international trade agreements negotiated and brought into force

Intellectual property rights are the rights given to persons over the creations of their minds. These rights make the creator/ inventor as the owner of the product/work. IP protection is intended to stimulate the creativity of the human mind for the benefit of all by ensuring that the advantages derived from exploiting a creation benefit the creator. This will encourage creative activity and allow investors in research and development a fair return on their investment. The World Trade Organization (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) which came into force in 1995, brought with it a new era in the multilateral protection and enforcement of IP rights. It lays down minimum standards for protection and enforcement of intellectual property rights in member countries which are required to promote effective and adequate protection of intellectual property rights with a view to reducing distortions and impediments to international trade. As per the agreement, all member countries including India are to abide by the mutually negotiated norms and standards within the stipulated timeframe. Accordingly, India has set up an Intellectual Property Right (IPR) regime and is well established at all levels whether statutory, administrative or judicial. In this context this paper focussed on the conceptual analysis of Intellectual Property Rights in the

Although held in different respects, geographic indication is on the books in both the European Union and the United States, as both are signatories to the TRIPS agreement. The TRIPS agreement, or the Agreement on Trade-Related Aspects of Intellectual Property Rights, was enacted in 1995 during the negotiations of the General Agreement on Tariffs and Trade (“Overview: The TRIPS Agreement). The agreement has set the standard of how GI’s are to be handled across the members of the WTO, although it provides room for discrepancies.

Furthermore, Prime, Subrahmanyam and Lin selected the data to compare levels of FDI and FDI performance, and introduced the Porter's diamond theory to analyze the data. Firstly, Prime, Subrahmanyam and Lin (2011) found that demand conditions, factor conditions, and firm strategy, structure and rivalry can’t certainly verify the larger FDI flows to China as compared with India (pp. 312-320). As Prime, Subrahmanyam and Lin mentioned, both countries have the similar potential market capacity. In the factor conditions (infrastructure, technology and labor force), both countries have made major progress with infrastructure, but weakness remains in both places (Bai and Qian, 2010; Patel and Bhattacharya, 2010; Sweeney 2010). Compared with

Why do governments stretch out lawful assurance to protected innovation? One can comprehensively group the different types of IPRs into two classifications: IPRs that fortify innovative and inventive exercises (licenses, utility models, mechanical outlines, copyright, plant

Intellectual Property is a general term used to refer to independent statutory or non-statutory systems such as patents, copyrights, trademarks and trade secrets (Drahos). Like the industrial revolution, post-war consumerism and the technology revolution, the world is currently in a state of change (Daly). Unlike those periods, however, the convergence of economic, social and environmental pressures has created an even more favourable platform for innovation (Daly). Intellectual Property plays an integral role in many functions of everyday life, specifically in encouraging innovation through product development and technological change (Daly). IP protection is also an important component of national economic policies (WIPO). Governments face complex choices regarding how to design a patent system that best serves their specific policy objectives, as well as responding to ever changing technologies and business models (WIPO). Explanations of economic growth are increasingly focusing on the power of estimated profits as motivators for innovation (Gould & Gruben, 1). This paper will first explain the premise of Intellectual Property, than give a brief theoretical background, followed by a discussion of how Intellectual Property is affected by the Economic Growth Theory, and describing the importance of Intellectual Property rights protection, as a means of demonstrating how Intellectual Property may save the world’s economies.

the theories of FDI; section two will discuss the cases of both firms‘ strategic changes;

As previously stated, India resisted compliance” (Tomar 1999, p. 591). The Agreement requires members of the WTO to provide “protection of patents, trademarks, copyrights and other intellectual property rights”, essentially a protection for both process and product (Cohen-Kohler, Forman & Lipkus 2008, p. 233) The Agreement was implemented with the objective of “protecting and enforcing intellectual property rights so as to promote technological innovation as well as to share information to the collective benefit of both producers and users,” (Tomar 1999, 591). This objective sounds good in theory, but it generally overlooks the fact that developing countries lack the funds and education required for “technological innovation” and that the benefit of said agreement is not very “collective” as the main beneficiaries of this agreement are the pharmaceutical companies of the global north, thus directly reflecting the sentiment of the neoliberal agenda.

The second group of policies refers to the actions that foreign companies undertake (Dicken, 2003). Some of the requirements might aim at involving local resources or labour force in the firm’s activities; others might claim certain levels of exports or policies towards the transfer of technology (Dicken, 2003). The third category is based on minimum outflow of capital and higher taxation towards FDI companies. Last, but not least important a number of countries stimulates the inward investment, because FDI might be

Moreover it is important to note that inasmuch as these countries have expanded access, there are also standardized business regulations that prevent countries from dumping products at a cheap cost, stealing innovative products or using unfair subsidies. By engaging in this trade agreement, benefits such as elimination of tariffs or

The third segment is devoted to the discussion of factors affecting FDI. The methodology of the study is described in fourth section. The fifth section provides the details of the results and final section presents the main conclusions and recommendations.

In Indian context, the importance of FDI was realized way back in 1948 when emphasis was given on creating domestic base. However, since access to finance was quite limited, the attitude towards FDI was receptive (Kumar, 2004). Since then there was a debate over the necessity of FDI and Government of India in the 1980s cautiously went on deregulation of industries. However, after the adoption of liberal investment policy under economic reforms in 1991 resulted in attraction of more FDI inflow to the country. In recent times, FDI inflow to India increased by 17.1 percent in 2005, which is 5.8 percent of GDP of the country.