North–South trade in intellectual property: can it be fair?

2004 ◽  
Vol 3 (2) ◽  
pp. 317-328
Author(s):  
CYNTHIA CANNADY

For many developing countries trading in intellectual property has been a spectator sport. Active play in the high stakes game of ‘trading in knowledge’ has been for a few wealthy countries whose institutions and citizens own intellectual property (IP). These IP-owner countries have the equipment needed to play – the funding systems, patent lawyers, marketing support services, and thriving government subsidized research labs and universities – enabling them to turn their research and development into IP, intangible but highly valuable financial assets. In the game of ‘trading in knowledge’, capturing strategic IP portfolios is the goal, and lucrative licensing contracts are the touchdown.

2003 ◽  
Vol 2 (1) ◽  
pp. 27-53
Author(s):  
Peter Phillips ◽  
Morteza Haghiri

AbstractThe increasing population of developing countries, which creates an increasing demand for food, is severely challenging traditional agricultural practices. Recent scientific developments have introduced biotechnology techniques to agriculture. To increase the benefits from implementing biotechnology, countries need both to continuously invest in research and development in their biotechnology sector and to implement a series of complementary policies. Establishing and enforcing the intellectual property rights of plant breeders are among of these policies. The successful institution of plant breeders' rights is influenced by market institutions and the legal system, which together comprise the environmental structure of the economy. Since property rights are not well established in most developing and developed countries, individual research and innovations cannot be protected from intellectual property piracy. As a result, there is little incentive to continue investment in research and development in biotechnology in those markets. This paper proposes a model of regional intellectual property rights for developing countries where individual intellectual property rights are not enforceable.


2008 ◽  
Vol 34 (2-3) ◽  
pp. 257-277 ◽  
Author(s):  
Jack Lerner

Recent activity at major intergovernmental organizations reflects a renewed emphasis on making the international intellectual property system work to foster global health in developing countries. The World Intellectual Property Organization (“WIPO”) recently approved a historic “Development Agenda” – a wide-ranging set of reforms that reorients WIPO towards development and reconfigures how the organization makes policy, provides technical assistance, and is administered. Such an initiative may seem natural for the only inter-governmental organization (IGO) that is focused primarily on intellectual property, but such reforms are not restricted to WIPO. The World Health Organization (“WHO”) has launched its own development agenda of sorts – an Intergovernmental Working Group on Public Health, Innovation and Intellectual Property (“IGWG”) that is tasked with preparing “a global strategy and plan of action” aimed at “securing an enhanced and sustainable basis for needs-driven, essential health research and development relevant to diseases that disproportionately affect developing countries, proposing clear objectives and priorities for research and development, and estimating funding needs in this area.”


2008 ◽  
Vol 10 (2) ◽  
Author(s):  
Ana Celia Castro ◽  
Maria Beatriz Amorim Bohrer

TRIPS as it stands is against the interests of developing countries, and needsreform. In developing their own patent law, developing countries need to recognizethat there is now near consensus among informed observers that patentlaw and practice have, in some cases, overshot, and need to be reformed. Thatis the burden of the recent NAS/NRC report on “A Patent System for the 21stCentury.


2021 ◽  
Vol 13 (13) ◽  
pp. 7005
Author(s):  
Yu Ning

Draft commercial exploitation regulations have been on the agenda of the ISA since several 15-year exploration contracts expired a few years ago. Given the ineffective implementation in practice and the ignored chapter in several mining regulations on the transfer of mining technology, the future Enterprise and developing countries may take a more positive approach to the transfer of mining technology by striking a delicate balance between the provisions on the protection of intellectual property and those on capacity building under the framework of UNCLOS and the 1994 Agreement, through reciprocal and mutual beneficial means such as direct technology purchasing and investment cooperation. The International Seabed Authority, as the competent inter-governmental organization, has the duty to foster favorable conditions for such transfer.


Author(s):  
Charles B. Moss ◽  
Andrew Schmitz

Abstract The question of how to allocate scarce agricultural research and development dollars is significant for developing countries. Historically, benefit/cost analysis has been the standard for comparing the relative benefits of alternative investments. We examine the potential of shifting the implicit equal weights approach to benefit/cost analysis, as well as how a systematic variation in welfare weights may affect different groups important to policy makers. For example, in the case of Rwandan coffee, a shift in the welfare weights that would favor small coffee producers in Rwanda over foreign consumers of Rwandan coffee would increase the support for investments in small producer coffee projects. Generally, changes in welfare weights alter the ordering for selecting investments across alternative projects.


2012 ◽  
Vol 12 (4) ◽  
pp. 125-146 ◽  
Author(s):  
Nurcan Atalan-Helicke ◽  
Becky Mansfield

Given their value for both agriculture and biodiversity, seeds are the target of controversial efforts to establish intellectual property rights and variety protections that regulate sale, exchange, and breeding of genetic resources. This article examines seed governance in Turkey, a country in which many farmers continue to rely on “traditional” wheat varieties. It analyzes the tensions and ambiguities in seed governance that arise at the intersection of Turkey's goals of development and diverse priorities imposed by international frameworks. Seed governance is the product of an open-ended process of strategic elaboration among constituencies involved in trade, agriculture, development, and conservation. Although contradictions among international regulations present an array of choices, many countries including Turkey adopt laws that favor commercialization and privatization. This convergence results not simply from imposition of regulation from above, but also from developing countries' adoption of dominant global perspectives on the “modern” seed and agricultural progress.


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