Intellectual Property Reform in Developing Countries: Trade and Investment Dimensions

Author(s):  
Douglas Lippoldt
Author(s):  
Michael D'Rosario

A number of studies have been conducted with regard to the economic impact of intellectual property reform on economic growth. Majority of these studies, particularly works of an empirical nature, have focused on highly industrialized economies, with the findings supporting the conclusion that intellectual property rights (IPRs) have been economically beneficial to industrialized economies. Little research has been conducted on the economic benefit of IPR within developing countries. The current study considers the impact of IPR within ASEAN member countries to determine whether reform activities have been beneficial to IPR activity. The findings are mixed, suggesting that for some categories of IPR, reform activities have been beneficial while in other instances, regulatory reforms have not had a discernable impact. Additionally, the findings also indicate that intellectual property reform, where effective has been most effective in generating additional intellectual property activity, as measured by intellectual property applications, amongst non-residents, rather than amongst domestic registrants. This finding supports the conclusion that reform activities have engendered confidence amongst foreign firms and foreign nationals.


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.


Author(s):  
Thomas Cottier

The chapter assesses recent developments in intellectual property protection in the EU–Canadian Comprehensive Economic Cooperation Agreement and the Trans-Pacific Partnership Agreement, and extrapolates results of these negotiations to the pending EU–US negotiations on the Transatlantic Trade and Investment Partnership (TTIP). It discusses the likely implications of ever-increasing protection of IPRs on international trade, innovation, and technology transfer. Given the complex interaction of TRIPs and WIPO Agreements with the newly emerging agreements, the chapter finally examines the structure and operation of dispute settlement and how existing fragmentation could be overcome. Intellectual property, it is submitted, offers an important case to extend the jurisdiction of WTO dispute settlement to preferential trade agreements.


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.


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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