CEU Electronic Theses and Dissertations, 2009
| Author | Momoshova, Asel |
|---|---|
| Title | Foreign Direct Investment - A Comparative Study of the Kyrgyz Republic and the People's Republic of China |
| Summary | The present Thesis is devoted to a comparative study of the Foreign Direct Investment in the Kyrgyz Republic and Peoples’ Republic of China. The research paper targets to test the Foreign Direct Investment regulation of the Kyrgyz Republic in comparison to the investment policy of the Peoples’ Republic of China. The central question that is posed is whether the Kyrgyz Republic may replicate the success of the Peoples’ Republic of China provided that necessary measures are taken. The study demonstrates that in general the legislation of the Kyrgyz Republic can be considered satisfactory. Since its independence a great step forward has been made through the adoption of a number of laws devoted to Foreign Direct Investment. Neverthel ess, there are several drawbacks that discourage foreign investors to enter the Kyrgyz market. Namely, the Kyrgyz Republic lacks efficient registration system. The system is far from being one-shop system as it involves a requirement of registration with 3 different state authorities. The procedure is even more complicated due to the additional licensing requirement, which can be characterized as rather burdensome for foreign investors. Almost all activities are subject to licensing which is performed by different state authorities. As a result, in order to start operation foreign investors shall obtain a business certificate and license. The paper proposes to abolish the system of licensing and adopt one-shop system of registration. Another shortcoming of the Foreign Direct Investment regulation of the Kyrgyz Republic exists in the area of intellectual property. The study has revealed that there is a necessity to introduce a concept of exhaustion of trademark rights. The enforcement system has to be strengthened via introduction of efficient civil and criminal sanctions. The customs control has to be properly ensured in order to prevent counterfeit production entering the market. |
| Supervisor | Stefan Messmann |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2009/momoshova_asel.pdf |
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