Revisiting the Investment Opportunities in Intellectual Property

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.