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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 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.
Intellectual Property law (IP) - particularly in relation to international trade regimes - is increasingly finding itself challenged by rapid developments in the technological and global economic landscapes. In its attempt to maintain a responsive legislative system that is interacting successfully with global trade rules, IP is having to respond to an increasing number of actors on an international level. This book examines the problems associated with this undertaking as well as suggesting possible revisions to the TRIPS agreement that would make it more relevant to the environment in which today's IP mechanisms are operating. The overall aim is to find an adequate response to the 'IP balance dilemma'. The theme is pursued throughout various topics, including a look at what this means in relation to economy in a country like China, and also considering how IP is increasingly having to reconcile itself with human rights issues.
Over the course of history, different legal instruments for protecting intellectual property have emerged. These instruments differ in their subject matter, extent of protection, and field of application, reflecting society's objective to balance the interests of creators and consumers for different types of intellectual works. These legal instruments are just one of the pieces that form a national system of intellectual property protection. Also crucial to the system's overall effectiveness are the institutions administering these instruments, the mechanisms available for enforcing IPRs, and the rules regarding the treatment of non-nationals. To address some of the issues concerning IPRs, this paper defines what they are and attempts to evaluate the relationship between the protection of intellectual property and economic activity in developing countries. It also summarizes the economic effects of IPRs in terms of creation and diffusion of knowledge and information; and market structure and prices. Furthermore, it discusses the reformation of IPRs regimes and makes recommendations for their administration and enforcement. This paper consolidates some of the research from the 'World Development Report 1998/1999: Knowledge for Development' and some contributions made at an Internet-moderated conference conducted by the Bank's TechNet program. It will be of interest to governments, investors, and international organizations.
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.
International policies toward protecting intellectual property rights have seen profound changes over the past two decades. Rules on how to protect patents, copyright, trademarks and other forms of intellectual property have become a standard component of international trade agreements. Most significantly, during the Uruguay Round of multilateral trade negotiations (1986-94), members of what is today the World Trade Organization (WTO) concluded the Agreement on Trade Related Intellectual Property Rights (TRIPS), which sets out minimum standards of protection that most of the world's economies have to respect. How will developing countries fare in this new international environment? Intellectual Property and Development brings together empirical research that assesses the effects of changing intellectual property regimes on various measures of economic and social performance - ranging from international trade, foreign investment and competition, to innovation and access to new technologies. The studies presented point to an important development dimension to the protection of intellectual property. But a one-size fits all approach to intellectual property is unlikely to work. There is need to adjust intellectual property norms to domestic needs, taking into account developing countries' capacity to innovate, technological needs, and institutional capabilities. In addition, governments need to consider a range of complementary policies to maximize the benefits and reduce the costs of reformed intellectual property regulations. This book will be of interest to students and scholars of international law, particularly in the area of intellectual property rights, international trade, and public policy.
The Publication Entitled Compendium On Laws And Policies On Ipt For Nam And Other Developing Countries Brought Out By The Centre For Science & Technology Of The Non-Aligned And Other Developing Countries (Nam S&T Centre) Is Largely Based On The Presentations Made During And International Conference On Implications Of New Ipr Regime Under The Trips For Developing Countries Held At New Delhi, India During May 1999. Intellectual Property Rights (Ipr) Is The Protection Of Research Results In A Knowledge-Based Industry Prior To Its Public Distribution. The Extent Of Protection And Enforcement Of These Rights Vary Widely Around The Developing Countries. It Is Extremely Difficult To Generalize The Implications Of The Trips Agreement In These Countries Because Such Implications Vary With Differences Existing Between The Ipr Laws Of A Particular Country And The Standards Of The Agreement, The Extent Of Development In Different Sectors, The Per Capita Income, And The Structure Of The Supply. These Differences Become A Source Of Tension In International Trade And Economic Relations. The New Internationally Agreed Ipr Regimes Under Trips (Trade-Related Aspects Of Ipr) Provide A Way To Introduce More Order And Predictability In Trade And For Disputes To Be Settled More Systematically. The Volume Contains Contributions From Renowned Experts From Various Developing Countries. It Illustrates Will The Relevant Laws And Policies Existing In The Participant Countries, Including Bangladesh, Camernoon, Chile, Egypt, India, Indonesia, Kyrgyzstan, Lebanon, Malawi, Malaysia, Mongolia, Nepal, Pakistan, Saint Lucia, Tanzania, Trinidad & Tobago, Ukraine, Zambia And Zimbabwe. The Book Would Be Useful To Ipr Professionals And S&T Persons As A Reference Material On Various Ipr Related Issues With Particular Reference To The Developing Countries. Contents Chapter 1: Trade Related Intellectual Property Rights In Bangladesh By Khaliquzzaman; Chapter 2: Status Of Intellectual Property In Cameroon By Mbah David Akuro; Chapter 3: Status Of Intellectual Property In Chile By Eleazar Bravo; Chapter 4: Intellectual Property Rights And The Expected Changes In The Light Of The General Agreement On Tariffs And Trade (Gatt) And Status Report For The Egyptian Patent Office By Fattouh Abdel Gelil Hamed; Chapter 5: Intellectual Property Rights In Egypt By Mohamed Swellam; Chapter 6: Management Of Intellectual Property Rights In India By R Saha; Chapter 7: Kyrghyz Patent, State Agency On Science And Intellectual Property In Kyrghyzstan By Kyrgyz State Agency On Science And Intellectual Property; Chapter 8: Development Of The Intellectual Property Protection System In Lebanon By Souheir Nadde; Chapter 9: The Status Of Intellectual Property Rights (Iprs) And Trips And Related Problems For Malawi By Frade K Nyondo; Chapter 10: The Status Of Intellectual Property Rights In Malaysia By Heng Jee Heng; Chapter 11: Intellectual Property System Of Mongolia By Embassy Of Mongolia; Chapter 12: Intellectual Property Rights And Existing Legal Provision In Nepal By R M S Malla; Chapter 13: Intellectual Property Rights And Trade Related Intellectual Property Systems In Nepal By Fanindra Prasad Neupan; Chapter 14: Development And Present Status Of Copyright And Related Rights In Pakistan By Syed Ali Tallae; Chapter 15: Development Of The Intellectual Property Protection System In Pakistan By S T K Naim; Chapter 16: Intellectual Property Rights In Saint Lucia By Kimberly Cenac-Phulgence; Chapter 17: The Status On Intellectual Property Rights In Tanzania By Y M Kohi; Chapter 18: Intellectual Property Rights In Trinidad And Tobago By Richard Aching; Chapter 19: State Policy And Legislation On Intellectual Property In Ukraine By Constantine V Subbotin; Chapter 20: Zambian Report On The New Ipr Regime Under The Trips For Developing Countries By Joseph Simbaya; Chapter 21: The Current Status Of Intellectual Property Law And How They Relate To Trips And Other International Undertakings By J M Gopo.