The recent proliferation of investment and Intellectual property (IP) agreements among developed and developing countries invokes fundamental questions on their impact for the implementation of national policies for economic development. Since the conclusion of the North-American Free Trade Agreement (NAFTA), the negotiation of the failed Multilateral Investment Agreement (MAl) and the emergence of a new wave of Free Trade Agreements (FTAs), the interplay of IP rights and investment agreements have become the focus of negotiation . The negotiations continue to relate to both IP laws and outstanding investment and IP claims. The major inconsistencies among investment agreements and the sudden increase in investment disputes ca ll for critical analysis of the TRIPS-plus effects of investment agreements for developing countries.
The upcoming South Centre Research Paper discusses the implications of investment agreements. It reviews several North-South bilateral investment treaties {BIT/BITs) and investment chapters under Free Trade Agreements {FTAs) . Below this article, outline the discussion on when IP rights can constitute investment asset and what would be the implication of protecting IP rights under investment agreements for promotion of public interest, competition, technology transfer, enforcement of IP rights and dispute settlements. The last section synthesis the discussion and recommend mechanism to manage the interface of IP rights and investment agreements.