IPR Misuse: The Core Issue in Standards and Patents.
Standards cover nearly all fields, including pharmaceuticals, food production, the environment, energy, information and telecommunications. Problems arise when IPRs are included in standards and a balance cannot be struck between the private interests of IPR owners and the integrity of standardization. (more…)
WCO SECURE: Lessons Learnt From the Abortion Of the TRIP-Plus-Plus IP Enforcement Initiative.
The objective of this research paper is to extract lessons from the negotiation process of SECURE, an initiative to promote TRIPS-plus-plus standards on IP enforcement at the WCO, and assist developing countries in addressing the emerging global challenges in IP enforcement initiatives. (more…)
Patent Counts as Indicators of the Geography of Innovation Activities: Problem and Perspectives.
This Research Paper challenges the conceptual basis of patent counts being relied upon as indicators of innovation for assessing cross-country performance and for the purposes of understanding the geography of innovation in a particular location. (more…)
Implementing the WIPO Development Agenda: Next Steps Forward.
WIPO Member States agreed to a new agenda to guide the organizations work on development and intellectual property (IP). The challenge now is to effectively implement the agenda to achieve concrete results and change. (more…)
The Changing Structure and Governance of Intellectual Property Enforcement.
Twelve years ago the TRIPS Agreement introduced global minimum standards of intellectual property protection and enforcement. To the extent that the substantive obligations under the Agreement have now been widely implemented in national legislation, developing countries are facing increased pressure to bolster intellectual property enforcement. (more…)
Analysis of the role of the South-South Cooperation to promote governance on intellectual property rights and development.
The international regime on IP rights is currently made up of a patchwork of laws and institutions at the bilateral, regional, and multilateral levels with a growing number of players. The TRIPS Agreement of the WTO forms the core instrument with critical influence on the role of international actors and the scope of national policy making. TRIPS aim at reducing the North-South tension on IP rights protection through a multilateral system as one of its objectives. (more…)
Mandatory Disclosure of the Source and Origin of Biological Resources and Associated Traditional Knowledge under the TRIPS Agreement.
The discussion on TRIPS and CBD in the WTO demonstrates the growing convergence on content, scope, relevance and effectiveness of an international mandatory obligation on disclosure of source and country providing biological resources and traditional knowledge. (more…)
Towards a Digital Agenda for Developing Countries.
The last two decades of the 20th century saw a revolution in the nature of information and the way that it can be created, used and transmitted. Vast opportunities have been opened up. Developing countries, that have insufficient capacity to generate, disseminate and effectively utilize educational information and knowledge, may finally be in a position to accelerate their development. (more…)
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…)
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…)
