Intellectual property rights and information technology: The impact of the Uruguay round on developing countries

1996 ◽  
Vol 5 (2) ◽  
pp. 149-166
Author(s):  
Rohini Acharya
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.


2010 ◽  
Vol 3 (3) ◽  
pp. 201 ◽  
Author(s):  
Samuel Adams

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.


2016 ◽  
Vol 15 (2) ◽  
pp. 168-180 ◽  
Author(s):  
Huiying Zhang ◽  
Xiaohui Yang

Purpose This paper aims to investigate the impact of intellectual property rights (IPR) protection on its ability to enhance domestic export quality. Design/methodology/approach This paper provides a testable framework to explain the impact of IPR protection on export quality. Research and development (R&D) spending and foreign direct investment (FDI) are positively correlated with a country’s export quality. Furthermore, intellectual property protection can induce more FDI and R&D spending. Therefore, the authors expect that there may be an indirect relationship between intellectual property protection and export quality (Figure 1). Findings The empirical results suggest that the influence paths of IPR protection on export quality are different between developed and developing countries. FDI plays a mediating role in the relationship between IPR protection and export quality in developing countries, while this mediating effect in developed countries is dependent on R&D and FDI. In addition, this impact is statistically significant in high-technology industries. Especially, IPR protection plays an extraordinary important role in enhancing the export quality of differentiated high-technology products. Originality/value This paper contributes to the literature in several ways. First, this is the first empirical analysis focusing on the influence path of IPR protection on export quality. The authors find that the hypothesis is supported by the positive and significant interaction coefficients of IPR protection with FDI and R&D. Second, the authors explore that the influence path of IPR protection on export quality may vary with the level of economic development. Third, this paper examines the effect of IPR protection on export quality in different industries.


2020 ◽  
Vol 5 (Special) ◽  
pp. 154-162
Author(s):  
Mohammad Abdulmahdi Amin Alfaouri

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.


2007 ◽  
Vol 15 (1) ◽  
pp. 47-63 ◽  
Author(s):  
JOSEPH STRAUS

Since the establishment of the World Trade Organization, one of its pillars, the TRIPs Agreement, has been exposed to strong criticism. The main objection being that TRIPs works against the interest of the developing world. This criticism will be examined against the empirical data showing the actual economic development in developing countries, with a special focus on China and India. As those data reveal, the developing countries are to be viewed as beneficiaries of the new world economic order, of which TRIPs is an instrumental and integral part. To avoid frictions in international trade, it is, however, essential that all WTO Members strictly comply with all of their obligations, be it under TRIPs, GATT 1994, or other WTO instruments. Weakening of intellectual property rights is counterproductive.


Author(s):  
Correa Carlos Maria

This chapter discusses Article 40 of the Trade-related Aspects of Intellectual Property Rights (TRIPS) Agreement, which is the outcome of a proposal originally made by developing countries, which were concerned about the impact of strengthened intellectual property rights (IPRs) on the conditions of voluntary licenses. Article 40.1 recognizes that some licensing practices pertaining to intellectual property rights which restrain competition ‘may have adverse effects on trade and impede the transfer and dissemination of technology’. Meanwhile, unlike most provisions of the TRIPS Agreement, Article 40.2 does not contain specific obligations. It expressly allows countries to adopt measures to control or prevent certain practices or conditions relating to licensing agreements. Judgement of whether they should be controlled or prevented is based on three elements. Contractual practices or conditions should: be examined in each particular case; constitute an ‘abuse’ of intellectual property rights; and have an ‘adverse effect on competition in the relevant market’.


Author(s):  
Swati Saini

This paper examines the impact of strengthening Intellectual Property Rights (IPRs) on within-country income inequality for a cross-section of 65 developed and developing countries for the time period 1995-2009.The results indicated that strengthening of IPRs led to an increase in income inequality in WTO-member developing countries after they started modifying their national IPR regimes to conform to the TRIPs requirements. IPRs tend to raise income inequality by generating a more skewed distribution of wages. Stronger IPRs increased the demand for skilled labor force as it raised the return on R&D activities. This caused a relative increase in skilled labor wages, creating a wage bias in favor of skilled labor against unskilled labor, thus aggravating income inequality within a developing country. Moreover, the effect on inequality was more pronounced for developing countries that were experiencing higher per capita GDP growth rates. As for the developed countries included in the sample, the analysis seemed to suggest that IPRs led to a decline in income inequality over the study period.


2020 ◽  
Vol 5 (1) ◽  
pp. 40-48
Author(s):  
Kamilia Loukil

Entrepreneurship is considered as a key driver of economic growth and development. That is why, scholarly contributions have set out to identify its national determinants. In the present study, we aim to shed some light on to how the institutional framework affects the entrepreneurship levels, by focusing on emerging and developing countries. More specifically, this study examines the impact of intellectual property rights (IPR) on entrepreneurship in emerging and developing countries. This issue is becoming increasingly important, especially in the context of developing countries which adhere to the Trade Related Intellectual Property Rights Agreement (TRIPS). Further to this agreement, all member countries of the world trade organization are required to achieve high standards of IPR. From the theoretical analysis, it appears that the impact of IPR on innovative entrepreneurs is positive, while their impact on imitators is more ambiguous. To empirically test these hypotheses, we apply a System Generalized Method of Moments (System GMM) technique on a panel of 28 countries during the period 2005-2012. The entrepreneurship level is measured by the new business entry density while the protection degree of intellectual property rights is measured by the IPR index of World Economic Forum. The findings show a non-significant effect of IPR on new business entry. We conclude that the intellectual property rights are not an effective tool of industrial policy in emerging and developing countries. Governments should rely on other factors in order to spur entrepreneurship.


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