The Threat of Technological Protection Measures to a Development-Oriented Information Society.
The new digital environment offers both opportunities and challenges for developing countries. New international legal requirements with respect to the protection of technological measures that can be used by copyright owners to control access and use of their works can hinder the ability of developing countries to promote access to knowledge for development. (more…)
The Proposed WIPO Treaty on the Protection of Broadcasting and Cablecasting Organizations.
Discussions for a new treaty to protect broadcasting and cablecasting organizations against signal theft at the WIPO are closely linked to the information evolution. Member States must carefully balance between granting increased protection to certain segments of broadcasting media to protect their commercial interests with safeguarding the public interest in access and use of the content that is broadcast. (more…)
Development and Intellectual Property under the EPA Negotiations.
The negotiations for Economic Partnership Agreements (EPA) between the European Union (EU) and the African Caribbean and Pacific Countries (ACP) are likely to result in additional layers of intellectual property right protection, at least in the case of the agreement with Cariforum countries. (more…)
A Development Analysis of the proposed WIPO Treaty on the Protection of Broadcasting & Cablecasting.
Since 1998, Member States of the World Intellectual Property Organization (WIPO) have discussed the creation of a new international instrument for the protection of broadcasting organizations. It is possible that final negotiations on a treaty on the protection of broadcasting organizations, including cablecasting organizations, will be initiated and conclude sometime in 2007. (more…)
IP rights under investment agreements: The TRIPs-plus implications for enforcement and protection of public interest.
The proliferation of investment and IP agreements raises fundamental questions on the relationship between such agreements and the implementation of national policies for economic development. (more…)
How Developing Countries Can Manage Intellectual Property Rights to Maximize Access to Knowledge
This book addresses the debate on access to knowledge in three parts. Part I describes some of the challenges for access to knowledge. Part II of the book provides an account of recent developments in multilateral forums. Part III of the book seeks to advance the strategic considerations that should be useful to developing countries in addressing the challenges with regard to access to knowledge. It is hoped that the analysis, conclusions and recommendations presented in this book will contribute to a better understanding of the challenges to access to knowledge and of how to frame development-oriented policies to address them. The book is intended to reach a broad set of readers: it provides guidelines for developing countries’ governments in participating in multilateral and bilateral negotiations as well as to design national IP regimes consistent with those countries’ development objectives. It may also be of value to scholars, teachers, and students whose interests cover such areas as law, economics, political economy, diplomacy, international relations and other social science fields.
THE USE OF FLEXIBILITIES IN TRIPS BY DEVELOPING COUNTRIES: Can they Promote Access to Medicines?
This study was commissioned to: (1) examine the extent to which the flexibilities contained in the World Trade Organization (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) have been incorporated into the legislation of developing countries and the extent of the actual use for public health purposes; (2) review the stated trade policies of major industrialized countries, particularly the United States and the European Union , vis-à-vis developing countries, to determine whether they take adequate account of the public health priorities of developing countries; and (3) examine the practical effect and implications of recently concluded bilateral and regional free trade agreements (FTAs) for public health protection in developing countries. The study has been compiled based on existing literature and other available evidence.
Overall, the study finds that the use of TRIPS flexibilities can promote access to medicines in developing countries. Most developing countries whose laws and practices we reviewed had incorporated one or more of the TRIPS flexibilities and there has been increasing usage of these flexibilities such as compulsory licensing for public health purposes. However, there remain important gaps both in terms of incorporation and usage of flexibilities, which will need to be addressed if the TRIPS flexibilities are to be used effectively across the developing world.
With respect to the stated trade policies of the United States and the EU relating to the protection of intellectual property in third countries, especially developing countries, we find that although some concern for the public health needs of developing countries is reflected, in general, the policies fail to adequately take into account the public health priorities of developing country trading partners.
Finally, with respect to FTAs, we find that a number of provisions in recently concluded FTAs between developed countries (essentially the United States) and developing countries, pose a real risk of undermining the effective use of TRIPS flexibilities in developing countries for public health purposes.
THE USE OF FLEXIBILITIES IN TRIPS BY DEVELOPING COUNTRIES: Can they Promote Access to Medicines?
The Agenda for Transfer of Technology: the Working Group of the WTO on Trade and Transfer of Technology.
Technology transfer is a mechanism for the shifting of information across borders and its effective diffusion into recipient economies, thus involving numerous complex processes, ranging from innovation and international marketing of technology to its absorption and imitation. (more…)
Intellectual Property in Investment Agreements: The TRIPS-plus Implications for Developing Countries.
This analytical note examines, in particular, the implication of the emerging approaches relating to the fair and equitable treatment and the national and mostfavoured nation (MFN) treatment in investment agreements for the overall regimes for the protection and enforcement of IP in developing countries. (more…)
Establishing a ‘Development Agenda’ for the World Intellectual Property Organization (WIPO): Commentary on Proposal by Argentina and Brazil.
The fortieth Series of Meetings of the Assemblies of Member States of the World Intellectual Property Organization (WIPO) will take place in Geneva from 27 September to 5 October 2004. The Assemblies will address various matters including issues currently under negotiation in various WIPO committees and bodies. (more…)
Integrating Development into WIPO Activities and Processes: Strategies for the 2004 WIPO Assemblies.
The fortieth Series of Meetings of the Assemblies of Member States of the World Intellectual Property Organization (WIPO) will take place in Geneva from 27 September to 5 October 2004.1 The Assemblies will address various matters including issues currently under negotiation in various WIPO committees and bodies. (more…)
A Development Agenda for Intellectual Property Negotiations in 2004 and Beyond.
In 2003, activities in the World Trade Organization’s (WTO) Council for Trade-Related Aspects of Intellectual Property Rights (TRIPS) were fairly subdued, save for the negotiations relating to the implementation of paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health. (more…)
