The world economy has gone through significant changes that resulted in creation, spread and dominance of Global Value Chains (GVCs) and Global Production Networks (GPNs). The recent trend of further fine slicing within the chains and fragmentation of production has become possible partly due to the changes in trade and investment regulation. However, Intellectual Property (IP) has played a crucial role in those changes, especially in a high-tech sector that has been driven mainly by the interests of Multinational Enterprises (MNEs). As of today, one of the biggest challenges has been to regulate IPRs in the cases of 1st and 2nd tier suppliers plugged into transnational chains.
The paper aims to address the existing asymmetry in literature and provide a legal analysis of the IPRs in their relevance to high-tech GVCs/GPNs. The specific choice of an inter-disciplinary approach has been made to ensure a comprehensive all-rounded legal evaluation of IP in the context of high-tech chains, which so far have been mainly the subject of an economic and developmental agenda. In particular, patents, utility models, technological processes, know-how and technology transfer will be evaluated in their scope and application under Indian, Japanese and EU legislation with the emphasis on the comparative assessment of relevant case law. It will further enable establishing links between IPRs functioning on a national level and international regime via TRIPs. The paper will also cover the challenges of compulsory licensing in India and its potential impact on IPRs.
Overall, the paper will benefit PhD students and legal scholars specialising in IP and technology transfer as well as professionals researching on GVCs/GPNs and IP. It will also be beneficial to a wider audience.