Ch.4 Objectives and Principles

2020 ◽  
Author(s):  
Correa Carlos Maria
Keyword(s):  
Developing Countries ◽  
Intellectual Property ◽  
Property Rights ◽  
Technological Innovation ◽  
Intellectual Property Rights ◽  
Primary Objective ◽  
Transfer Of Technology ◽  
Property Owners ◽  
Dissemination Of Technology

This chapter looks at the objectives and principles of the Trade-related Aspects of Intellectual Property Rights (TRIPS) Agreement. The primary objective of the proponents of the Agreement was to secure the rights of intellectual property owners to exploit their protected assets in the jurisdiction of all parties to the General Agreement on Tariffs and Trade (GATT). They emphasized the role of the protection of intellectual property rights (IPRs) as incentives for innovation, and were keen to leave issues relating to the exploitation of the rights to the discretion of title-holders. In contrast, developing countries feared that a strengthened IPR protection would give too much power to title-holders and limit access to, and transfer of, technology to those countries. Article 7 of the Agreement, based on a proposal submitted by developing countries, represents a compromise between these two positions. It states that IPRs should contribute to the promotion of technological innovation and to the transfer and dissemination of technology.

Part II Economic Regulation, 12 Intellectual Property and Technology Transfer

2021 ◽  
Author(s):  
Muchlinski Peter T
Keyword(s):  
Developing Countries ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Multinational Enterprise ◽  
Cultural Knowledge ◽  
Economic Regulation ◽  
Human Rights Protection ◽  
Transfer Of Technology

This chapter discusses the role of intellectual property rights (IPRs) in multinational enterprise (MNE) operations. The predominant issue remains the ability of developing countries to access, and benefit from, the transfer of technology. In more recent years, issues of distributional justice, sustainable development and human rights protection have also arisen in relation to IPRs held by MNEs. The chapter focuses on two selected areas that illustrate the evolving debate on IPRs and the power of global business. These include the right of access to patented medicines, especially in developing countries, and the role of IPRs in the control of biotechnology and cultural knowledge. The adoption of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) in the World Trade Organization (WTO), and the emergence of certain technologically more advanced developing countries, has emphasized the free exploitation of IPRs in global markets, and has raised questions as to the limits of such freedom. As the chapter shows, a delicate balancing act must be performed between the freedom of IPR owners to exploit their rights and the public interest in access to technology and know-how.

Intellectual Property Rights, Innovation and Healthcare: Unanswered questions in Theory and Policy

2008 ◽  
Vol 10 (2) ◽  
Author(s):  
Smita Srinivas
Keyword(s):  
Developing Countries ◽  
Intellectual Property ◽  
Property Rights ◽  
Technological Innovation ◽  
Intellectual Property Rights ◽  
Real World ◽  
Innovation Studies ◽  
Health Technologies ◽  
Property Regimes ◽  
Real Goal

Intellectual property regimes are usually presumed to exert positiveinducements on technological innovation. However, given the dire nature ofaccess to critical health technologies for most of the world’s population, it isworth revisiting this assumption for health technologies. This paper situatesintellectual property rights (IPRs) for health technologies at the intersectionof three fields: innovation studies, welfare theories, and international politicaleconomy. It revisits the conceptual underpinnings of property rights with particularrelevance for needs of today’s industrializing, or so-called “developing”countries. This paper argues that the debates on IPR have poorly exploredcounterfactuals in pharmaceuticals and biotechnologies where other meansof inducement may exist and innovations may arise in conditions where IPR iseither absent or irrelevant. To do this, it first discusses utility as a basis for IPRsand the challenges –philosophical, theoretical and most importantly, practical- intranslating this to real-world use. It draws on history to analyze pharmaceuticalprior drug generations and alternate inducements. The article offers a novelconceptual framework to study innovation in developing contexts where IPR can be specifically situated. If the real goal is accessible and affordable healthcare- anissue of immense importance worldwide- then we may need to cease barking upthe wrong tree of intellectual property rights.

scholarly journals Ch.12 Control of Restrictive Practices in Contractual Licences

2020 ◽  
Author(s):  
Correa Carlos Maria
Keyword(s):  
Adverse Effect ◽  
Developing Countries ◽  
Intellectual Property ◽  
Adverse Effects ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Trips Agreement ◽  
Relevant Market ◽  
Dissemination Of Technology ◽  
The Impact

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’.

17 The Role of Intellectual Property Rights in Developing Countries: Some Conclusions

2014 ◽  
pp. 503-513 ◽  
Author(s):  
Mario Cimoli ◽  
Giovanni Dosi ◽  
Keith E. Maskus ◽  
Ruth L. Okediji ◽  
Jerome H. Reichman ◽  
...  
Keyword(s):  
Developing Countries ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights

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.

The role of institutions in mediating the use of intellectual property rights has long been neglected in debates over the economics of intellectual property. In a path-breaking work, Rob Merges studied what he calls "collective rights organizations, " industry groups that collect intellectual property rights from owners and license them as a package. Merges finds that these organizations ease some of the tensions created by strong intellectual property rights by allowing industries to bargain from a property rule into a liability rule. Collective rights organizations thus play a valuable role in facilitating transactions in intellectual property rights. There is another sort of organization that mediates between intellectual property owners and users, however. Standard-setting organizations (SS0s) regularly encounter situations in which one or more companies claim to own proprietary rights that cover a proposed industry standard. The industry cannot adopt the standard without the permission of the intellectual property owner (or owners). Given the importance of SSO rules governing intellectual property rights, there has been surprisingly little treatment of SSOs or their intellectual property rules in the legal literature. My aim in this article is to fill that void. To do so, I have surveyed the intellectual property policies qJ_ dozens of SS0s, primarily but not exclusively in the Antitrust, intellectual property and standard setting organizations

2002 ◽  
Author(s):  
M.A. Lemley
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Standard Setting ◽  
Liability Rule ◽  
Collective Rights ◽  
Industry Standard ◽  
Legal Literature ◽  
Property Owners

International Seminar – Contributions to the Development Agenda on Intellectual Property Rights

2008 ◽  
Vol 10 (2) ◽  
Author(s):  
Ana Celia Castro ◽  
Maria Beatriz Amorim Bohrer
Keyword(s):  
Developing Countries ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Patent Law ◽  
Patent System ◽  
International Seminar ◽  
Development Agenda

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.

Intellectual Property Rights and Access to Energy Services in Africa

2018 ◽  
Author(s):  
Professor Adebambo Adewopo ◽  
Dr Tobias Schonwetter ◽  
Helen Chuma-Okoro
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Energy Access ◽  
African Countries ◽  
Energy Services ◽  
Proper Role ◽  
The Law

This chapter examines the proper role of intellectual property rights (IPRs) in achieving access to modern energy services in Africa as part of a broader objective of a pro-development intellectual property agenda for African countries. It discusses the role of intellectual property rights, particularly patents, in consonance with pertinent development questions in Africa connected with the implementation of intellectual property standards, which do not wholly assume that innovation in Africa is dependent on strong intellectual property systems. The chapter examines how existing intellectual property legal landscapes in Africa enhance or impede access to modern energy, and how the law can be directed towards improved energy access in African countries. While suggesting that IPRs could serve an important role in achieving modern energy access, the chapter calls for circumspection in applying IP laws in order not to inhibit access to useful technologies for achieving access to modern energy services.

scholarly journals IPR Law Protection and Enforcement and the Effect on Horizontal Productivity Spillovers from Inward FDI to Domestic Firms: A Meta-analysis

2021 ◽  
Author(s):  
Danai Christopoulou ◽  
Nikolaos Papageorgiadis ◽  
Chengang Wang ◽  
Georgios Magkonis
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Meta Analysis ◽  
Host Countries ◽  
Productivity Spillovers ◽  
Domestic Firms ◽  
The Relationship ◽  
Positive Effect

AbstractWe study the role of the strength of Intellectual Property Rights (IPR) law protection and enforcement in influencing horizontal productivity spillovers from inward FDI to domestic firms in host countries. While most WTO countries adopted strong IPR legislation due to exogenous pressure resulting from the signing of the Trade-Related Aspects of IPR (TRIPS) agreement, public IPR enforcement strength continues to vary significantly between countries. We meta-analyse 49 studies and find that public IPR enforcement strength has a direct positive effect on horizontal productivity spillovers from inward FDI to domestic firms and a negative moderating effect on the relationship between IPR law protection strength and horizontal productivity spillovers from inward FDI to domestic firms.

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