The importance of technology has been increasing rapidly since the 1980`s, accordingly intangible property such as industrial property rights and new intellectual property rights has been raised as a key element in the development of a company or a country. Therefore it`s necessary to protect intellectual property rights accumulated by technology, and recently the protection for intellectual property rights has been a hot issue in international trade negotiation or in growth strategy of a developing or developed country. Especially, it`s very important to analyse how the protection and intensification of intellectual property rights affects direct investment directly or indirectly. After this paper examines various precedence studies in order to analyse relationship between the intellectual property rights protection and the foreign direct investment (FBI), it is to examine influential variables in the foreign direct investment by making scenario between the intellectual property rights protection level and the foreign direct investment movement. Whether it is advanced or developing countries, the intellectual property rights protection is a significant determinant in the inducement of foreign direct investment. Especially, the intellectual property rights protection is the element which increases the foreign direct investment movement, in advanced countries which have competitive advantage in high-technological area under the free trade regime. This result specially gives important lesson to the developing countries which need stronger intellectual property rights protection and the free trade regime under the WTO, so implication of this paper is that the intellectual property rights protection is positively influential and the free trade regime accompanied by the intellectual property rights protection is a significant determinant in foreign direct investment.