Taxing intellectual property transactions in developing countries : the case of pharmaceutical indusrty in Egypt and India

Abstract

Strengthening the protection measures of Intellectual Property Rights (IPR) in compliance with the TRIPS agreement creates a need for an appropriate tax treatment of IPR by developing countries. This need is important to stimulate locally developed IPR and protect the tax revenue arising from IPR transactions. This book examines the tax treatment of IPR in Egypt and India with refernce to pharmaceutical industry. The book employs a mixed research approach consisting of legal reasoning and economic analysis. The book identifies the role of withholding tax and transfer pricing measures in protecting the tax base related to IPR. These work as integrity measures which reinforce the role of tax incentives to stimulate locally developed IPR. The book draws the attention of academics, policymakers, and professioanls towards the important areas for developing appropriate tax treatment of IPR transactions. These areas include (1) tax incentives are necessary to encourage locally developed IPR, (2) a broad definition of royalty and stable international tax policy, (3) proper transfer pricing measures for IPR, and (4) adequate administrative measures to enhance procedural simplicity.