Intellectual property (IP) has gained an unprecedented importance in the new world of globalization and the knowledge economy. However, experience, as well as cyclical attitudes toward IP, show that there is no universal model of IP protection.
This comprehensive book considers new and emerging IP issues from a development perspective, examining recent trends and developments in this area. Presenting an overview of the IP landscape in general, the contributing authors subsequently narrow their focus, providing wide-ranging case studies from countries across Africa, Asia and Latin America on topical issues in the current IP discourse. These include the impact of IP on the pharmaceutical sector, the protection of life forms and traditional knowledge, geographical indications, access to knowledge and public research institutes, and the role of competition policy. The challenges developing countries face in the TRIPS-Plus world are also explored in detail.
The diverse range of contributions to this thought-provoking book offer a wide variety of alternative perspectives on and solutions for the controversial issues surrounding the role of IP within sustainable development. As such, it will prove a stimulating read for government policy-makers, trade negotiators, academics, lawyers and IP practitioners in general, UN and other intergovernmental agencies, development campaigners and aid agencies, environmentalist groups and university students.
Edited by Ricardo Melendez-Ortiz, Co-founder and Chief Executive and Pedro Roffe, Senior Fellow, International Centre for Trade and Sustainable Development (ICTSD), Switzerland
Contents: Introduction PART I: THE NEW IP LANDSCAPE Section 1: A General Perspective 1. Rights in Basic Information Peter Jaszi Section 2: Taking up Reform 2. The Politics of Reform in Developing Countries Carolyn Deere 3. Intellectual Property Reforms in China Peter K. Yu 4. A Perspective on Reform in Arab Countries Ahmed Abdel Latif Section 3: Implications for Drug Pricing 5. A Review of the Economic Literature Keith E. Maskus PART II: POLICY CHALLENGES IN THE SOUTH Section 1: The Pharmaceutical Sector 6. The Case of the Generic Industry in India Biswajit Dhar and K.M. Gopakumar 7. TRIPS-Plus Policies and the Pharmaceutical Industry in Thailand Jakkrit Kuanpoth 8. The Ability to Utilize TRIPS Flexibilities in Sub-Saharan African Countries Tenu Avafia, Jonathan Berger and Trudi Hartzenberg Section 2: The Protection of Life Forms and Traditional Knowledge 9. Genetic Use Restriction Technologies and Sustainable Development in Eastern and Southern Africa Patricia Kameri-Mbote and James Otieno-Odek 10. Sui Generis Systems for Plant Variety Protection and Traditional Knowledge in Asia Daniel Robinson Section 3: Geographical Indications 11. Indications of Geographical Origin in Asia: Legal and Policy Issues to Resolve Dwijen Rangnekar Section 4: Access to Knowledge and the Role of Research Institutes 12. Education and Access to Knowledge in Southern Africa Andrew Rens, Achal Prabhala and Dick Kawooya 13. Innovation and Public Research in Central American Countries Jorge Cabrera PART III: RESPONSES TO THE TRIPS-PLUS WORLD 14. Promoting Checks and Balances Carsten Fink 15. A Model Law for the Protection of Undisclosed Data Carlos M. Correa 16. Enforcement Provisions of EPAs Sisule F. Musungu Bibliography Index