The TRIPS Patent Protection Provisions and Their Effects on Transferring Climate Change Technologies to LDCs and Poor Developing Countries: A Critical Appraisal

2012 ◽  
Vol 3 (1) ◽  
pp. 137-161 ◽  
Author(s):  
Khorsed ZAMAN
Keyword(s):  
Climate Change ◽  
Developing Countries ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Patent Protection ◽  
Developed Countries ◽  
Least Developed Countries ◽  
Green Technologies ◽  
Compulsory Licensing

Despite the existence of almost eighty international agreements and legal instruments, there has not been a marked development in the transfer of climate change technologies to poor and the least developing countries. This article investigates the role of intellectual property rights (IPDs) and scrutinizes the effects of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) on the transfer of these technologies. It explores the TRIPS patent protection provisions and examines the associated flexibilities like compulsory licensing and parallel import options in the context of the transfer of climate change technologies. It finally concludes that the TRIPS patent protection rules, including the existing flexibilities, are one of the biggest impediments to the transfer of these technologies to poor and least developed countries. New agreements or promises on the transfer of green technologies would be fruitless if these TRIPS rules are not amended.

Climate Change Resilience and Technology Transfer: The Role of Intellectual Property

2011 ◽  
Vol 80 (4) ◽  
pp. 485-505 ◽  
Author(s):  
M. Monirul Azam
Keyword(s):  
Climate Change ◽  
Developing Countries ◽  
Technology Transfer ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Developed Countries ◽  
Small Island ◽  
Climate Change Resilience

AbstractThe impact of climate change has emerged as a major threat to sustainable development and poverty reduction efforts in many less developed countries, in particular in the least developed countries (LDCs) such as the countries in the African region and Small Island States. New technologies are necessary for the stabilization and reduction of atmospheric greenhouse gases and to enhance the capacity of poor countries to respond to shifts in resource endowments that are expected to accompany climate change. Therefore, technology transfer, particularly in the case of access to environmentally sound technologies (ESTs) is widely seen as an integral part of climate change resilience. Concerted efforts will be required for the development, deployment and transfer of ESTs to reduce vulnerability and increase resilience to the risks of climate change. Thus, development and transfer of ESTs has emerged as a fundamental building block in the crafting of a post-Kyoto 2012 global regime for climate change resilience. In this context, the role of intellectual property rights (IPRs) has been the subject of increased attention in the climate change discussions since the Bali conference of the United Nations Framework Convention on Climate Change (UNFCCC) in 2007. Different conflicting views and positions have emerged pointing to the role of IPRs in either facilitating or hindering the transfer of ESTs. The dissemination of ESTs from developed countries to developing countries and LDCs is a very complicated process often simplified by the argument that patent waiver for ESTs or allowing copying with weak intellectual property rights will help the developing countries and LDCs to better cope with the climate change problems. This article tries to examine the relationship between the IPRs (with special reference to patent system) and the resilience discourse with a starting point in the terms of social and ecological resilience.

AGREEMENTS ON THE DISPOSAL OF PROPERTY RIGHTS TO THE OBJECTS OF PATENT LAW AND «KNOW-HOW»: NEWS OF LEGISLATION

2018 ◽  
Author(s):  
Juliia Kanaryk ◽  
◽  
Vladyslav Nosinskyi ◽  
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Patent Protection ◽  
Patent Law ◽  
Compulsory Licensing ◽  
Real Cost ◽  
Know How ◽  
Cost Of Drugs ◽  
The Right

The article is devoted to the review of novelties of the legislation in the part of disposition of property rights to objects of patent law and know-how. Based on the analysis of the existing legislation, it is established that there is an exclusive list of the following agreements: license to use the object of intellectual property rights; license agreement; agreement on the creation by order and use of the object of intellectual property rights; agreement on the transfer of exclusive intellectual property rights; another agreement on the disposal of intellectual property rights. It is noted that the agreement on the transfer (use) of «know-how» differs from that for the patent. The basis for granting the right to use «know-how» is not an exclusive right, but a de facto monopoly on the object of the agreement. «Know-how» in contrast to the patented invention can not be used without receiving it from the owner. The consequence of this is the need not only to grant the right of use under the contract, but also the transfer of the «knowhow» in full. It is noted that the legislator has significantly simplified the contractual procedures for granting the right to dispose of property rights for pharmaceutical companies due to the need to combat the pandemic. Lists of substances and medical procedures, medical equipment that cannot be the subject of patent protection have been established. It is emphasized that the legislator does not take into account the current level of digitalization, where the right to own or use intellectual property is certified by numerous electronic methods. For example, by confirming electronic licenses, user terms, affiliate programs with a number of intermediaries. Accordingly, it is necessary to expand the list of possible reliable ways of certifying contracts, which could be considered written or be equated to such a way. The bill №5552, which proposes amendments to the law «On Copyright and Related Rights», in terms of combating «patent trolling» was analyzed. The authors of the bill propose a number of administrative procedures that will help to respond quickly to such unfair actions of competitors. At the same time, it is noted that with the expansion of the contractual procedure, some of these cases could be avoided. It is proposed, as part of the fight against the COVID-19 pandemic, to introduce compulsory licensing, in order to reduce the real cost of drugs against the virus, as well as the logistics of specialized hospitals.

The Impact of Globalization on Agricultural Biotechnology in Iran: A Model for Regional Intellectual Property Rights

2003 ◽  
Vol 2 (1) ◽  
pp. 27-53
Author(s):  
Peter Phillips ◽  
Morteza Haghiri
Keyword(s):  
Developing Countries ◽  
Intellectual Property ◽  
Property Rights ◽  
Research And Development ◽  
Intellectual Property Rights ◽  
Agricultural Practices ◽  
Developed Countries ◽  
Increasing Demand ◽  
Biotechnology Sector ◽  
The Impact

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.

scholarly journals Intellectual Property Rights, Investment Climate and FDI in Developing Countries

2010 ◽  
Vol 3 (3) ◽  
pp. 201 ◽  
Author(s):  
Samuel Adams
Keyword(s):  
Developing Countries ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Patent Protection ◽  
Investment Climate ◽  
Fdi Inflows ◽  
The Many ◽  
The Impact ◽  
Positive Effect

What is the impact of intellectual property rights (IPR) protection on foreign direct investment (FDI)? Has the coming into effect of the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) had any impact on FDI inflows in developing countries? This paper answers these questions by the use of panel data for a cross – section of 75 developing countries over a period of 19 years (1985 – 2003). The results of the study indicate that: 1) strengthening IPR has a positive effect on FDI; 2) the impact of patent protection on FDI after the TRIPS agreement is far and above that of the pre – TRIPS era; 3) the degree of openness, growth rate of the economy and investment are also key determinants of FDI. The findings of the study suggest that strengthening IPR is only one component of the many factors needed to maximize the potential of developing countries to attract FDI.

scholarly journals Intellectual Property Rights and Economic Growth: The Case of Middle Income Developing Countries

2007 ◽  
Vol 46 (4II) ◽  
pp. 711-722 ◽  
Author(s):  
Pervez Zamurrad Janjua ◽  
Ghulam Samad
Keyword(s):  
Economic Growth ◽  
Developing Countries ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Developed Countries ◽  
Middle Income ◽  
Average Growth ◽  
Increase In Productivity ◽  
External Sector

Intellectual property (IP) refers to the creation of mind: inventions, literary and artistic works, and symbols, name, and images used in commerce. Intellectual property rights (IPRs) have been widely recognised as a growth enhancing factor for the global economies as a whole. IPRs regime can influence the growth process through domestic and external sector of an economy. This study is primarily concerned with the effects of IPRs regime through external sector. Through different channels IPRs can promote economic growth in the recipient countries. The most important is technology transfer and its positive spillovers. Therefore, IPRs exert economic growth, which requires increase in productivity, increase in productivity requires increase in technological innovation and it requires the efficient protection of IPRs Rapp and Rozek (1990). The IPRs can influence the average growth more effectively in the open economies as compare to the close one Gould and Gruben (1996). Latter on Thompson and Rushing (1999) extended the model and included total factor productivity (TFP) in their growth model, which shows that IPRs have an insignificant impact on TFP for developed and developing countries but a positive and significant impact for the developed countries. To sustain economic growth it requires secured property rights system.

scholarly journals THE IMPACT OF TRIPS ON IPRs PROTECTION IN JORDAN, AS A PRIME EXAMPLE OF A DEVELOPING COUNTRY

2020 ◽  
Vol 5 (Special) ◽  
pp. 154-162
Author(s):  
Mohammad Abdulmahdi Amin Alfaouri
Keyword(s):  
Developing Countries ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Low Income ◽  
Social Life ◽  
Negative Impact ◽  
Developed Countries ◽  
Ethical Attitude ◽  
The Impact

In the last few decades, the developing countries have witnessed a remarkable increase in the infringement of intellectual property rights thus conventions and treaties were held to reduce these infringements, in particular, the TRIPS Treaty (Trade-Related Aspects of Intellectual Property Rights).This study attempts to explain the causes of intellectual property rights infringements and the efficient means for intellectual property rights protections by taking Jordan as an example. The study finds that TRIPS Treaty, which is the latest international action to enhance the protection level, consumer's ethical attitude, development expenditure, economic policies, weakness of law enforcement, and low-income in developing countries are important factors to explain the level of IP protection. Because of all of these, the infringements became a phenomenon in developing countries that firstly need amendments in their intellectual property laws to apply the criminal sanctions jointly by civil remedies, owing to the fact of the shock value or general deterrence to enhance the commitment to the law and to remit this phenomenon, furthermore, the state will follow up on the cost of prosecution without involving the owners of the rights personally in many cases. On the other hand, literature revealed that the infringements of IPRs became a phenomenon because the TRIPS Treaty prepared for the benefits of the large companies, thus the developing countries' legislation, economic and consumer's ethical attitude got affected negatively. In addition, the developed countries threatened them by sanctions if they didn't make retroactively amendments on their legislation, which also led to prevent them to adopt the necessary measures that mitigate the negative impact on their economic and social life. Regarding the applied research method, this paper used secondary data sources and applied the descriptive and comparative analytical legal approaches to illustrate the most important points and findings on the topic.

Are Developing Countries Going Too Far on TRIPS? A Closer Look at the New Laws in India

2008 ◽  
Vol 34 (2-3) ◽  
pp. 395-421
Author(s):  
Radhika Bhattacharya
Keyword(s):  
Developing Countries ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Generic Drugs ◽  
Developed Countries ◽  
Trips Agreement ◽  
World Health ◽  
Non Governmental Organizations ◽  
Health Organization

The goal of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement is to harmonize the intellectual property rights of World Trade Organization (WTO) member countries to a certain minimum standard. As a WTO member, the organization required India to enact legislation that enforces TRIPS by 2005. Part of India's motivation to pass its 2005 Patents Act stemmed from its obligations as a WTO member nation, as well as the government's desire to stimulate greater foreign investment, innovative research and economic growth.India's implementation of the TRIPS Agreement has generated a great deal of controversy. Disagreement exists about whether the Indian Patents Act overzealously protects intellectual property rights and whether the Patents Act goes beyond the spirit of the TRIPS Agreement. Many health officials and non-governmental organizations (NGOs) are seriously concerned about what the Patents Act implies for people suffering from diseases in less developed countries. Nonprofit and some World Health Organization officials argue that the new law prevents India from producing and supplying generic drugs within its borders and to other developing countries.

scholarly journals Intellectual Property Rights And Developing Countries

1970 ◽  
Vol 1 (3) ◽  
pp. 43-46 ◽  
Author(s):  
Arif Hossain ◽  
Shamima Parvin Lasker
Keyword(s):  
Economic Growth ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Poverty Reduction ◽  
Industrial Revolution ◽  
Legal Aspect ◽  
Developed Countries ◽  
Least Developed Countries ◽  
The North

Knowledge is the multidimensional outcome of human intellect. Intellectual Property Rights system (IPRs) is considered from economic and legal aspect as the ownership rights for the excessive use of innovation and creative work. IPRs are measured to encourage innovation, promote investment in S&T and make the technologies for public benefit. But history shows that from the time of industrial revolution in Europe and during twentieth century in the North America and Japan, IPRs contribute to the S&T driven economic growth. Therefore, there is a fair and consistent relationship between strength of IPRs and per capital income. A recent study of World Bank suggested that the major beneficiaries of IPRs in terms of enhanced value of patents are the developed countries with USA along made an annual gain of US $ 20 billion while developing country face an annual loss of 7.5 billion on royalties and license fees. Moreover, for the developing county, while indigenous technological capability is a significant determinant to economic growth and poverty reduction, no exact relationship has been established between the IPRs and economic growth. Developed countries and business corporations who are benefited directly from IPRs regime insist on implementation of strong IPRs for all countries. Need for strong IPRs for developing and least developed countries are discussed. Strong IPRs for all countries whether it leads to transfer of wealth from poor countries to rich countries to further widen the economic divide is a major ethical concern. DOI: http://dx.doi.org/10.3329/bioethics.v1i3.9633 Bangladesh Journal of Bioethics 2010; 1(3): 43-46

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