The Trade Related Aspects of Intellectual Property Rights (TRIPS) - Pharmaceuticals Transitional Period: Can it Help Build Capacity in African Least Developed Countries (LDCs)?

2015 ◽  
Vol 10 (2) ◽  
pp. 48-68
Author(s):  
Marumo Nkomo
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Developed Countries ◽  
Transitional Period ◽  
Least Developed Countries

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.

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

scholarly journals TRIPS and Innovative Capacity of Bangladesh’s Pharmaceutical Industry: Promotion of Access to Essential Medicine

IIUC Studies ◽  
2016 ◽  
pp. 111-126
Author(s):  
Mohammad Aktarul Alam Chowdhury
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Essential Medicine ◽  
Developed Countries ◽  
Pharmaceutical Product ◽  
Patent Law ◽  
Least Developed Countries ◽  
Developed Country ◽  
Innovative Capacity

The WTO agreement on Trade- Related Aspect of Intellectual Property Rights (TRIPS) evolved some significant flexibilities in the Intellectual Property Rights on pharmaceutical product, especially regarding right of access to affordable medicine for the developing and least developed countries people as recognized in its Doha Declaration and in a related post-declaration decision. However, provisions of granting uniform character of pharmaceutical patents in all developing and lest developed countries put forward a strong debate over the globe for ensuring access to essential medicine to the poorer section of the member states of the WTO. Though Bangladesh, as a least developed country, has extended time up to 2016 to implement the pharmaceutical patent complying with the provisions of the TRIPS, such flexibilities seem to be a great challenge especially for Bangladesh where local technological capabilities and developed infrastructures to produce generic version of medicine still in nascent stage. In this context, this article demonstrates whether, in term of socio-economical conditions of the developing and least developed countries, this Western-style of IP provisions, is suited for Bangladesh. This paper seeks to explore and argue that in the absence of a strong institutional innovative capacity and the local technical expertise, whether Bangladesh’s pharmaceuticals sector can be able to supply marginal-cost substitutes of essential drug to other developing and least developed countries in the frame work of TRIPS flexibilities. To find out an effective and comprehensive solution this paper concentrates on theinnovative capacity and competitiveness of the pharmaceutical sector and status of current pharmaceutical regulation and patent law in Bangladesh.IIUC Studies Vol.10 & 11 December 2014: 111-126

Foreign Direct Investment, Intellectual Property Rights, and Productivity Growth

2014 ◽  
Vol 05 (03) ◽  
pp. 1440009
Author(s):  
Sasatra Sudsawasd ◽  
Santi Chaisrisawatsuk
Keyword(s):  
Foreign Direct Investment ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Productivity Growth ◽  
Direct Investment ◽  
Developed Countries ◽  
Outward Fdi ◽  
The Impact ◽  
Ipr Protection

Using panel data for 57 countries over the period of 1995–2012, this paper investigates the impact of intellectual property rights (IPR) processes on productivity growth. The IPR processes are decomposed into three stages — innovation process, commercialization process, and protection process. The paper finds that better IPR protection is directly associated with productivity improvements only in developed economies. In addition, the contribution of IPR processes on growth through foreign direct investment (FDI) appears to be quite limited. Only inward FDI in developed countries which creates better innovative capability leads to higher growth. In connection with outward FDI, only the increase in IPR protection and commercialization are proven to improve productivity in the case of developing countries, particularly when the country acts as the investing country.

scholarly journals MAIN PROBLEMS OF COMMERCIALIZATION OF INTELLECTUAL PROPERTY FACILITIES IN KAZAKHSTAN

2021 ◽  
Vol 9 (2) ◽  
pp. 11-15
Author(s):  
Anargul' Kulembaeva ◽  
Al'mira Ksembaeva ◽  
Rysty Sartova ◽  
Mayra Kushenova ◽  
Gul'mira Nurbaeva
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
High Efficiency ◽  
Developed Countries ◽  
Trade Secrets ◽  
Know How ◽  
Improve Efficiency ◽  
Property Data ◽  
Commercial Organization

Commercialization allows customers to have a wider range of products and allows companies to generate more revenue, improve efficiency, and reduce costs. In the article, the authors characterize the main problems of commercialization of intellectual property objects, as well as the conditions that ensure the effectiveness of this process. The rights to commercialize intellectual property objects come from a commercial organization, and the owner retains the rights throughout his life as a legal leverage over competitors. Intellectual property rights broadly include patents, trade secrets, know-how, property data, registered designs, copyrights and trademarks, among others. The study revealed the experience of developed countries, which showed the importance and high efficiency of the commercialization of intellectual property objects. The authors identified the main directions of improving the process of commercialization of intellectual property objects.

IT Security Governance Legal Issues

2012 ◽  
pp. 47-73
Author(s):  
Gemma María Minero Alejandre
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Developed Countries ◽  
Protection Measures ◽  
Security Governance ◽  
Database Right ◽  
Substantial Investment ◽  
Copy Protection ◽  
Made In

The protection of the investment and creativity made in producing computer programs and databases by intellectual property rights is still not harmonised internationally. Taking into account that IT is used not only to produce these goods, but also to infringe their intellectual property rights, national laws nowadays also protect the so-called technological protection measures, such as passwords, encryption or copy-protection software, created to protect the intellectual property rights. Besides, IT must fulfill the privacy protection regulations currently in force and the companies using it must carry out the international auditing standards. But intellectual property rights cannot protect simple data and information, apart from the substantial investment made in either obtaining, verification, or presentation of data, by sui generis right over databases (or database right). This chapter examines and compares the current legislations of developed countries in order to find the characteristics -and the criticism- in common.

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 A Case Study on Applicability of Intellectual Property Rights to the Traditional Medical Systems of Asia and Africa

2021 ◽  
pp. 1-11
Author(s):  
Dr. Pradipta Mukhopadhyay
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Research Work ◽  
Developed Countries ◽  
Modern World ◽  
Medical Systems ◽  
Underdeveloped Countries ◽  
The World ◽  
The Impact

Today with an ever increasing population, and the recent Pandemic of COVID-19 still in force throughout the world, agricultural innovation is getting vital in order to increase the productivity and secure the global food supply but agriculture research and development is always a costly affair and while previously it was undertaken mainly by public sector, today the private sector is adopting the work of Research & Development specifically in the area of biotechnology. Thereafter we see that in the modern world in both the developed and developing countries use of herbal medicines, phytonutrients and nutraceuticals are expanding rapidly as many persons are resorting to these products for treatment of various health problems within various national healthcare settings but many of these products have remained untested and their use are also not monitored which has caused problems in acquiring proper knowledge of the adverse effects of these medicines and therapies used, creating safety related issues for the persons who are using them along with causing obstacles in proper promotion of these products and methods throughout the world. Intellectual Property (IP) refers to the creations of mind such as inventions, literary and artistic works, designs, symbols, names and images and these are protected by laws like Patents, Copyrights, trademarks etc, which enable people to earn recognition or financial benefits from what they invent or create. Previously machines were considered for invention or artistic creations and were protected by the Intellectual Property Rights and the assignment of IPRs to living things is relatively a recent phenomenon in the developed countries but today agriculture is seen as an industry that cannot survive without research, development and investments. This situation made it necessary to extend protections of IPRs in all its forms to the agriculture sector also. Then we see that recently not only Ayurveda of India but also other Traditional medical systems of Africa and South America has also started getting recognitions throughout the world as a rationale system of medicine and so it is absolutely necessary to understand the concept, rules, regulations, present status, controlling authorities of Intellectual Property Rights to protect and promote the ideas about these types of treatments and medicines and make them acceptable throughout the world without any constraints for the development of the developing and underdeveloped countries of the Asia, Africa and South American continents . In this paper we will study the impact of Intellectual Property Rights on the traditional medical treatment systems of continents of Asia, Africa and will try to examine how Intellectual Property Rights can be applied to protect and increase the production of medicines developed from medicinal herbs in the developing and underdeveloped countries of Asia and African countries along with a special reference to India. This study has been casual, exploratory and empirical in nature and the data needed for research work has been collected by using both direct and indirect methods of data collection..

scholarly journals Revisiting the Debate on Intellectual Property Rights and Traditional Knowledge of Biodiversity: Accommodating Local Realities and Perspectives

2012 ◽  
Vol 3 (4) ◽  
Author(s):  
Ujjal Kumar Sarma ◽  
Indrani Barpujari
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Traditional Knowledge ◽  
Intellectual Property Rights ◽  
Indigenous Communities ◽  
Developed Countries ◽  
Social Contexts ◽  
Practical Capacity ◽  
Northeastern State

The international and national debates and developments on the applicability of an intellectual property rights regime for protecting traditional knowledge associated with biodiversity is over a decade old. Nevertheless, this continues to be an area fraught with difficulties for many reasons, such as inherent mismatch between the nature of intellectual property rights regimes and that of traditional knowledge, lack of an effective international framework, and alleged lack of will on the part of developed countries. The paper argues that the possible non-inclusion of traditional knowledge holders in the process and the lack of their practical capacity is another key reason for non-effectiveness of existing or envisaged legal instruments. It takes the position that a major lacuna of this discourse is that it is not strongly positioned in the local economic, political, and social contexts in which local and Indigenous communities find themselves today. Using a field-based case study of an Indigenous scheduled tribe, the Karbis in the northeastern state of Assam, the paper makes the case for discarding commonly held, often non-realistic ‘assumptions’ about local and Indigenous communities and accommodation of their realities and perspectives in enacting ‘rights based’ law and policy on these issues.

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