Analytical Note, May 2005

Intellectual Property in Investment Agreements: The TRIPS-plus Implications for Developing Countries.

This analytical note examines, in particular, the implication of the emerging approaches relating to the fair and equitable treatment and the national and mostfavoured nation (MFN) treatment in investment agreements for the overall regimes for the protection and enforcement of IP in developing countries. The examination is limited to BITs and investment chapters of FTAs (investment agreements, hereinafter).

In this regard, Section II examines the trends and policies of developed countries particularly the United States (U.S.), Canada, Japan, Australia, the European Union (EU) and other developed country forums, as well as the approach of developing countries towards IP protection in investment agreements.

Section III then evaluates, in detail, the investment agreements with respect to the fair and equitable, most-favoured-nation and national treatment standards of investment and their implications for the obligations of developing countries with respect to the protection and enforcement of IP.

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