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Reforming Intellectual Property brings together 19 of the world’s leading scholars in the field to offer their unique insight into the future of intellectual property. Providing a diverse array of perspectives on the most pressing reforms needed in the current IP regime, whether in terms of legislation at national and international levels, or interpretation of existing law, this exceptional book highlights the key issues in this area and sets out an agenda for future research and policy.
Intellectual property law is built on constitutional foundations and is underpinned by the twin freedoms of freedom of expression and freedom of economic enterprise. In this thoughtful evaluation, Gustavo Ghidini offers up a reconstruction of the core features of each intellectual property paradigm, including patents, copyright, and trademarks, suggesting measures for reform to allow intellectual property to become socially beneficial for all.
The researchers in this study examine the issue of reforming intellectual property rights systems in developing countries through the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). The study is divided into seven main parts that discuss the nature of intellectual property rights and protection needs within the framework of TRIPS' main provisions and goals. The study also reviews the various types of intellectual property rights systems and the costs of implementing different levels of protection. This comes in addition to the benefits and economic effects of protection, as well as general policies related to intellectual property rights. In this study, the researchers sought to analyze - on one hand - the potential costs of intellectual property rights protection over the short term. On the other hand, they tried to analyze the long-term benefits, such as access to foreign direct investment, technology transfer, and growth, that might go down the drain if developing countries resist intellectual property rights protection.
This report argues that reforms of the U.S. patent system have suceeded in limiting the competition of ideas, discouraging innovation, and ultimately reducing U.S. competitiveness.
Across the world, developing countries are attempting to balance the international standards of intellectual property concerning pharmaceutical patents against the urgent need for accessible and affordable medicines. In this timely and necessary book, Monirul Azam examines the attempts of several developing countries to walk this fine line. He evaluates the experiences of Brazil, China, India, and South Africa for lessons to guide Bangladesh and developing nations everywhere. Azam's legal expertise, concern for public welfare, and compelling grasp of principal case studies make Intellectual Property and Public Health in the Developing World a definitive work. The developing world is striving to meet the requirements of the World Trade Organization's TRIPS Agreement on intellectual property. This book sets out with lucidity and insight the background of the TRIPS Agreement and its implications for pharmaceutical patents, the consequences for developing countries, and the efforts of certain representative nations to comply with international stipulations while still maintaining local industry and public health. Azam then brings the weight of this research to bear on the particular case of Bangladesh, offering a number of specific policy recommendations for the Bangladeshi government—and for governments the world over. Intellectual Property and Public Health in the Developing World is a must-read for public policy-makers, academics and students, non-governmental organizations, and readers everywhere who are interested in making sure that developing nations meet the health care needs of their people.
This paper describes changes to the environment in which developing countries make decisions with respect to IPRs, including changes brought about by the intensification of world trade in technology-dependent goods and services, and changes brought about by the evolution of technologies. It is suggested that innovation has become a more important factor for developing country economies, and that the enhancement of IPRs-related infrastructure has therefore taken on added significance for these economies, IPRs-related infrastructures that are best suited to developing country economies may be different to those that are best suited to industrialized country economies, and the authors offer a number of strategic options for developing countries. International institutions such as the World Bank may play an important role in enhancing the capacity of developing countries to take advantage of innovative activity in the industrialized countries, as well in promoting local innovation. These institutions may play the role of honest broker among countries and groups with different technology-related interests, they may create training programs for technical administrative personnel and judges, they may facilitate improvements in educational institutions that encourage innovative activity, and they may also take a lead role in advanced research on the role of IPRs in international economic development.