Introduction

The research focuses on the intellectual property developments made by the member states of the Gulf Co-operation Council (GCC) and how intellectual property development can act as a catalyst for financial prosperity. The main purpose of the research is to analyse and examine the intellectual property provisions currently in existence within the six states of the GCC and agreements entered into by the states collectively under the GCC Union. The aim is to provide recommendations to improve the current level of intellectual property protection at a state level in the GCC through an integrated protection model which takes into account; the structure of the GCC states, international agreements and pressures, the international institutions, Islamic finance and both societal and religious views.

There have been three main stages in the development of intellectual property in the Gulf states; a pre Trade-Related Aspects of Intellectual Property Rights (TRIPS) stage, the current level of TRIPS compliance and a push towards TRIPS-plus. To date, each individual Gulf state has developed its intellectual property laws at varying rates. Post 2000, they all display a set of intellectual property laws that are largely compliant with TRIPS. Therefore a question arises as to how much scope there is in the current laws to accede to more stringent intellectual property provisions. The research will show this is a key question for the GCC, its international partners and the wider trading communities of the WTO.

There is a widening gap between the level of intellectual property standards demanded by developed countries and the capability of the GCC states to enforce these standards. Through intellectual property the region is opening itself up to further foreign direct investment which can lead to a positive impact on the economy. Underlying the legislative changes having taken place in the GCC, is the influence of sharia law. The research will assess the impact of sharia law on the decisions taken by the GCC in intellectual property law development. It is an important area of study as developing Muslim countries are struggling with meeting international standards and a successful integrated approach to intellectual property rights could impact on a number of countries and trade agreements with developed states.

Where the study of intellectual property developments and Islamic law becomes multi-faceted is when consideration is given to the dichotomy that has arisen between the levels of intellectual property legislation in the GCC states against the pressures from international states to increase intellectual property enforcement mechanisms. There are international pressures on the states to adopt enhanced intellectual property laws for which they lack the necessary expertise, infrastructures and judicial experience to implement.