Offshore Investment

Many European businesses are more than ever feeling the pinch of the global financial crisis. Faced with increased level of taxation and fiscal bodies being more scrupulous than ever, businesses are seeking to invest in low-taxation economies, while continuously being conscious of ‘green’ clean investment.

While these businesses are seeking to move their investment (manufacturing, industrial base, services and know-how) from developed countries to developing countries, it is clear that these investors want the reassurance that their intellectual property rights will remain protected and, that there are in these developing countries, the relevant skilled persons and experts who will ensure effective enforcement of their intellectual property rights.

We work with many such investors who seek to outsource and / relocate their businesses to a Caribbean offshore location. This economic transition to offshore locations has been seen to lead to social, economic and in the past, carbon emissions growth…

Some of the investment options available in mitigating climate change and carbon emissions growth in the Caribbean region include:

  • Renewable energy systems (photovoltaic technology) –, the wind sector –, biofuel technology –
  • Reforestation through technical solutions (reforestation of primary broad leaf forests has been known to provide watershed, oxygen and species-diversification) –
  • Carbon trading mechanisms turning forests into assets and encouraging reforestation. Include REDD (Reducing Emissions from Deforestation and Forest Degradation)

There is increasing trend in investment in technology and forests / reforestation. Additionally, there are several technology sharing models which would facilitate investing in the Caribbean region to include:

Patent pools – participating patent holders agree to license their technology to another. The technology is usually in a well-defined field or specific patents may be identified.

Patent commons – holders of patented technology can pledge same for widespread use for not royalty payment – particularly used for environmentally beneficial technologies which are not central to the business of the patent holder. The Eco-Patent Commons an initiative launched by the World Business Council for Sustainable Development (WBCSD) in Geneva.

Open innovation, open source, commons-based peer production and distributed innovation – a cluster of related concepts in innovation models that emphasize a collaborative or shared technological platform.

Open source – technological platform which is left open for others to use and adapt on the basis of which, innovations can in turn be shared.

Open innovation – defined as “combining internal and external ideas as well as internal and external paths to market to advance the development of new technologies.”

Commons-based peer production – “the development of innovative products through collective efforts in networks spanning different organisations, institutions or individuals”.


Marcia B Moulon-Atherley, Attorney at Law and Avocat à la Cour

Law Office of Marcia B. Moulon

Copyright Marcia B. Moulon-Atherley, Esq. 2011-2015.  All Rights Reserved.


About moulonlaw

Attorney at Law, New York Bar, OECS & CARICOM Bars & Avocat à la Cour, Barreau des Hauts de Seine - France & Europe
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