1. Provision of finance and advanced technology

Enormous resources fostered by Foreign Direct Investment, investors provides the necessary tools for big projects that are demanding, for example, in order to authenticate the potency of a patent-able innovation it requires an extensive Research and Development (R&D) which proves its significance.

R&D projects are great innovative research works that are predominantly funded by Foreign Direct Investment in several countries around the world. The same R&D projects are huge research investment that requires sums of financial and technological investment, entities from other countries can invest in foreign companies that are conducting the research. The output of the research is the new invention that is patent-able as Intellectual Property, for example new pharmaceutical vaccines, new industrial machines etc.  Nonetheless, it is useful first to discuss how the strength of Intellectual Property Rights could affect FDI decisions. Ultimately, what matters to the firm is the likelihood that an investment will raise its expected profits. While there are numerous factors that influence profitability, the issue regarding Intellectual Property Rights is the extent to which the regime affects the firm’s perception that it will be able to earn a higher return on its protected knowledge-based assets (KBAs) through FDI, relative to other means of earning such returns, [KE Maskus, Intellectual Property Rights and Foreign Direct Investment (2000)]. It is fair to state that Foreign Direct Investment has a significant role that generates capital accumulation enabling growth and strengthening of Intellectual Property.  

Advanced Technology brought by Foreign Direct Investment help to maximize the progression in Patent protection of any inventions. The essential guarantee of any patent created is to ensure that any of the inventions cannot be easily imitated or copied hence advanced means of creation makes it twice as hard to do so. Foreign Direct Investment contribution in different countries always improve the quality of Patent protection hence playing a vital role in the relation between Intellectual Property and Growth.

An extensive survey conducted  (Mansfield 1994) shows the importance of IPR protection depends on the nature of the investment project the guarantee of strong Intellectual Property ensures a good flow of Foreign investments.

2. Foreign Stimuli 

Foreign Direct Investment has a significant role as a foreign stimuli which simply means sometimes in a particular country the market is saturated with the similar ideas and lack of innovation. A foreign intervention brings new innovative ideas for example technology sharing and exchange or trade of knowledge-based assets. New innovation from Foreign based entities plays a role of strengthening the Intellectual Property of the host country. One of the reasons is that it brings competition to the domestic entities as a result inspiring innovation on an uncharted level. Most multinational companies who conduct technology transfer to host countries tend to have higher productivity than domestic firms

Technological Transfer through Foreign Direct Investment promotes competition to the domestic entities thereby forcing them to upgrade their technology. Technology transfer (TT) refers to the process of conveying results stemming from scientific and technological research to the market place and to wider society, along with associated skills and procedures, and is as such an intrinsic part of the technological innovation process, (European Commission). New technological ventures or inventions strengthens the position of Intellectual Property as more patent-able innovation continuously emerge and the need for Patent protection will be significantly be, in dire need of its service. The role of Foreign Direct Investment as a foreign stimuli is unquestionable it is inevitable.Caution when appreciating Technology from foreign countries especially the advanced countries towards developing countries. “The reality of the technology acquisition was aptly described by Constantine Vaitsos as one of “technology commercialization” or technology trade, which brought into focus the nature of the market through which technology is “transferred” to the developing countries1 . Vaitsos argued that technology transfer is governed by a bargaining relationship between the suppliers and the recipients. In this relationship, purchasers are at an inherent disadvantage, owing to two factors: (i) the oligopolistic or even monopolistic nature of the international market for technology; and (ii) the nature of technology itself, which is highly complex and cannot be evaluated thoroughly by buyers before a particular transaction” Dhar.B & Joseph.R, (March 2012)

Foreign Direct Investment is one of the most important factors behind high economic growth achieved, in South Korea, China, India, Malaysia and Singapore. These countries are primarily provided tax incentives, monopoly rights and cost advantages facilities to foreign investors, (Leman Erdal and Ismet Gocer, 26 July 2015) The Effects of Foreign Direct Investment on R&D and Innovations: Panel Data Analysis for Developing Asian Countries. Foreign Direct Investment brings great value to any country’s growth and most importantly strengthening their Intellectual Property.Growth is essentially the result of successful implementation of Foreign Direct Investment, the example cited illustrates, how developing countries in Asia grew to greater heights.

FDI inflow is considered as dependent variable and charges of IP use, patent granted, patent filed by residents, non-residents and R&D expenditure as the percentage of GDP as an independent variable and proxy to IPR protection. The empirical results suggest that charges of IP use, total patent granted and patent filed by non-residents affects FDI inflow, (Rajender Kumar; Sunil Kumar Yadav; Saurabh Verma). Many firms rely on international trade relations, this comprises of national economies and foreign direct investment. Intellectual property has significantly benefited from these activities extending the protection of an intangible asset internationally.

Foreign Direct Investment playing a vital role in the growth of Intellectual Property Rights however, with the process of agreement to conduct a relationship established between the investor and the investee is usually of a fiduciary nature, the risk of monopoly and exploitation. Ultimately, it is undeniable that Foreign Direct Investment has a significant role in the relation between Intellectual Property Rights and Growth, it accelerates progress in the Global Economy.

References

KE Maskus, https://www.iatp.org/sites/default/files/Intellectual_Property_Rights_and_Foreign_Direc.htm

European Commission

https://ec.europa.eu/knowledge4policy/technology-transfer/what-technology-transfer_en

Foreign Direct Investment, Intellectual Property Rights and Technology Transfer The  North-South and the South- South Dimension, March 2012

Mansfield, 1994

Leman Erdal and Ismet Gocer, 26 July 2015,

The Effects of Foreign Direct Investment on R&D and Innovations: Panel Data Analysis for Developing Asian Countries

Rajender Kumar; Sunil Kumar Yadav; Saurabh Verma, Intellectual property rights protection and foreign direct investment: a study of BRICS countries

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The greatest question one can ask is how the Universal Declaration of Human Rights did was formed and created to what it is today. However, it is a story of a lifetime that occurred before the latter, after World War 2 it was clear that the horrors of the war should never happen again, founded in 1945 the United Nations sort to prevent future atrocities by affirming in its foundational charter faith in fundamental human rights, in the dignity and worth of the human person and the commitment to promote better standards of life in larger freedoms. In the years that followed member states of the United Nations strived to develop the Human Rights provisions of the Charter and capture them in a single document it took 3 years to establish a common vision. On the 10^th of December 1948 the General Assembly of the United Nations adoptee the Universal Declaration OF Human Rights as a common standard of achievement for all people and all nations.

According to H.V, Evatt President of the General Assembly of the United Nations, 1948, “it is the first step in a great evolutionary process. It is the first occasion on which the organized community of nations has made a declaration of human rights and fundamental freedoms. And it has the authority of the body of opinion of the United Nations as a whole and millions of people, men, women, and children all over the world, will turn for help and guidance and inspiration to this document”

The declaration was carefully drafted consisting of a Preamble and 30 Articles with Article 1 proclaiming that all human beings are born free and equal in dignity and rights.

No discrimination, right tom life, liberty and security, no slavery, no torture or cruel inhumane or degrading treatment or punishment, equal protection of the law, no arbitrary arrest, detention or exile, fair and public hearing, no arbitrary interference with his privacy, right to freedom of movement, right to seek and enjoy asylum, right to a nationality, right to marry and to found a family, right to own property, right to freedom of thought, conscience and religion, right of freedom of opinion and expression, freedom of peaceful assembly and association, right to take part in government, right to work, right to rest and leisure, right to food, clothing, housing and medical care and necessary social services, right to education, right to freely participate in the cultural life of the community these are many of the highlight of the 30 Articles in the declaration.

The declaration has generated action for human rights protection in many ways, it has inspired hundreds of human rights instruments that together constitute International Human Rights Law and number of bodies for human rights protection. The principles of the declaration have supported the decolonization  struggle and has been enshrined in the constitutions of the newly established countries which have joined the United Nations, the declarations has inspired national and regional human rights protection systems including legislations and institutions and continues to guide the work of human defenders and advocates worldwide. Today the declaration is available in more than 500 languages and dialects and it has obtained the Guinness book of record for the most translated document in the world. The 10^th of December the day on which the declaration was adopted is celebrated each year as Human Rights day. The declaration emphasizes the relevance of Human Rights in our daily lives

The idea of human rights propounds that each one of us no matter who we are or where we are born is entitled to the same basic rights and freedoms. Human rights are not privileges they cannot be granted or revoked them inalienable and universal. The general questions on everyone’s mind is that, what exactly are human rights, who gets to pick them, who enforces them and how? The history behind the concept of human rights is a long one throughout the centuries and across society’s religions and cultures they struggled to find notions of rights, justice and rightfulness. The declaration takes no sides as to which rights are more important consisting of the universality, indivisibility and interdependence and in the past decade international human rights has grown deepening its roots and expanding our understanding of the principles and what human rights are and how to better protect them.

The fundamental questions in this day and age is that, why are human rights abused and ignored time and time again all over the world? The problem in general it is not at all easy to universally enforce these rights or to punish transgressions the UN and UDHR themselves, despite being highly authoritative and respected is a declaration not a hard law the main bodies within the UN in charge of protecting the human rights mostly monitor and investigate violations but cannot force states to change a policy or compensate  the victim, that’s some critics consider that its naïve to consider human right a giver in a world where state interest wills so much power. Others defend universal human rights laws and point to the positive role they have, setting international standards and helping activists in their campaigns. They also point out that not all International Human Rights are powerless for example European Convention of Human Rights establishes a code where 47 member countries and their citizens can bring cases the court issues binding decisions that each member state must comply with

Human Rights law is constantly evolving as our views and definitions of what the basic human right should be, and as our lives are increasingly digital should there be a right to access the internet a right to digital privacy?

Human Rights in INDIA

This article seeks to point out how the Indian judiciary and the legislation has responded to the seriousness taking into account of the Human Rights laws. In the Keshavananda Bharati v. State of Kerala the Supreme Court observed that, “The Universal Declarations of Human Rights may not be a legally binding instrument but it shows how India understood the nature of human rights at the time the Constitution was adopted”. It is clear that the Constitution of India was drafted inclined on the fundamental principles of the Universal Declaration of Human Rights.”

In another case of Jolly George v. Bank of Cochin, Justice Krishna Iyer asserted that, “the positive commitment of the State parties ignites legislative action at home.” Which means if the state parties positively sign the International Bill of Rights that prompts them to take a positive action at a domestic level.

In Chairman, Railway Board and others v. Mrs. Chandrima Das, the Supreme Court observed that, “the applicability of the Universal Declaration of Human Rights and principles, recognized at the Moral Code of Conduct, thereof may have to be read, if need be, into the domestic jurisprudence.” Clearly indicating that whenever the Interpretation human rights has to be done at domestic jurisprudence, they have to interpret it, in light of the principles of Universal Declaration of Human Rights

The preamble of the Indian Constitution mentions the term ‘democratic’ which denotes that the Government gets its authority from the will of the people, It gives a feeling that they all are equal “irrespective of the race, religion, language, sex and culture” in this modern era democracy is considered as a human right. The preamble also pledges justice, social, economic and political, liberty of thought, expression, belief, faith and worship, equality, of status and of opportunity and fraternity assuring the dignity of the individual and the unity and integrity of the nation to all its citizens.

The Fundamental Rights differ from ordinary rights in the sense as they are inviolable. No law, ordinance, custom, usage, or administrative order can abridge or take them away. Any law that violates any of the fundamental right is void.

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