The Legal Implications of Intellectual Property Rights on International Investment Strategies: A Comparative Study of India, the United States of America and Germany

The Legal Implications of Intellectual Property Rights on International Investment Strategies: A Comparative Study of India, the United States of America and Germany

Thesis

412 pages : illustrations

This thesis investigates the legal implications of intellectual property rights (IPRs) on international investment strategies. It addresses the problem of fragmented legal treatment of IPRs under bilateral investment treaties (BITs) and international investment agreements (IIAs). Many treaties include IPRs as protected investments, but lack clear rules for balancing investor rights with public interest. The study uses a doctrinal methodology. It analyses legal texts, IPRs and Investment treaty provisions, case law, and arbitration decisions. It compares the legal frameworks of India, the United States, and Germany to understand how each country protects IPRs in investment contexts. The research also examines how dispute resolution mechanisms, including investor-state dispute settlement (ISDS), handle IPR-related claims. The findings show that IPRs are central to modern investment law. However, treaty language is often vague, and enforcement is inconsistent. India protects regulatory space through public interest exceptions. The United States promotes investor confidence with strong treaty protections. Germany supports EU-aligned safeguards and multilateral reform. The thesis concludes that harmonizing IPR and investment law is essential. Clear treaty definitions, stronger public interest carve-outs, and improved dispute resolution systems can enhance legal certainty and support innovation. These reforms will help align investor protection with sustainable development goals.

Ph.D. University of Mysore, 2025.

Mysore, India : University of Mysore, 2025.

eng