Trading in Knowledge: Development Perspectives on TRIPS, Trade and Sustainability

Trading in Knowledge: Development Perspectives on TRIPS, Trade and Sustainability

by Graham Dutfield
     
 

An unprecedented surge in the scope and level of the protection of intellectual property rights (IPRs) has been engulfing the world. This globalizing trend has shifted the balance of interests between private innovators and society at large and tensions have flared around key public policy concerns. Developing countries in particular face huge challenges when… See more details below

Overview

An unprecedented surge in the scope and level of the protection of intellectual property rights (IPRs) has been engulfing the world. This globalizing trend has shifted the balance of interests between private innovators and society at large and tensions have flared around key public policy concerns. Developing countries in particular face huge challenges when designing and implementing IPR policy at all levels. As the policy options for these nations to use IPRs in support of their broader development strategies are being rapidly narrowed down, many experts are questioning the 'one-size-fits-all' approach to IPR protection and are backing a rebalancing of the global regime. Trading in Knowledge unravels and explains the many significant issues at stake in IPR negotiations and treaties. It offers unique perspectives on IPRs and trade from a diverse range of developing country participants including civil society actors, farmers, grassroots organizations, researchers and government officials. Contributions from well-known developed country authorities round out the selections. This comprehensive collection is essential reading for policy-makers, national-level decision-makers, negotiators to the World Trade Organization and other relevant regional and international fora, intergovernmental organizations, environmental and development NGOs, and scholars and students in law, politics and development studies.

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Product Details

ISBN-13:
9781844070435
Publisher:
Taylor & Francis
Publication date:
05/28/2004
Edition description:
1
Pages:
370
Product dimensions:
6.04(w) x 9.54(h) x 1.26(d)

Table of Contents

List of Tables and Boxes
List of Contributors
Foreword
Acknowledgements
List of Acronyms and Abbreviations
1Introduction1
2Origins and history of the TRIPS negotiations23
3The future of IPRs in the multilateral trading system36
4The political economy of the TRIPS Agreement: lessons from Asian countries45
5Integrating IPR policies in development strategies57
6TRIPS and the FAO International Treaty on Plant Genetic Resources65
7The Convention on Biological Diversity and the TRIPS Agreement: compatibility or conflict?77
8New treaty development and harmonization of intellectual property law89
9Article 27.3(b) of the TRIPS Agreement: the review process and developments at national and regional levels101
10The Revised Bangui Agreement and plant variety protection in OAPI countries109
11The world of biotechnology patents117
12The implications of intellectual property for agricultural research and seed production in West and Central Africa127
13Access to medicines and public policy safeguards under TRIPS135
14Intellectual property rights and public health in the Revised Bangui Agreement143
15The TRIPS Agreement and generic production of HIV/AIDS Drugs149
16International legal protection for genetic resources, traditional knowledge and folklore: challenges for the intellectual property system157
17Indigenous knowledge and its protection in India166
18Access to genetic resources and protection of traditional knowledge in indigenous territories175
19Traditional knowledge and the biotrade: the Colombian experience184
20Documentation of traditional knowledge: People's Biodiversity Registers190
21Requiring the disclosure of the origin of genetic resources and traditional knowledge: the current debate and possible legal alternatives196
22Formulating effective pro-development national intellectual property policies209
23Implementing the TRIPS Agreement in Africa219
24The African Union Model Law for the Protection of the Rights of Local Communities Farmers and Breeders and the Regulation of Access to Biological Resources232
25The Andean Community regimes on access to genetic resources, intellectual property and indigenous peoples' knowledge238
26The Central American Regional Protocol on Access to Genetic and Biochemical Resources246
27The Indian experience in the field of IPRs, access to biological resources and benefit sharing255
28Intellectual property rights and biological resources: current policy and legislative developments in South Africa264
29Towards TRIPS compliance: Kenya's legislative reforms277
30The Peruvian Law on Protection of the Collective Knowledge of Indigenous Peoples Related to Biological Resources285
Annex 1Agreement on Trade-related Aspects of Intellectual Property Rights293
Annex 2The Convention on Biological Diversity309
Annex 3International Treaty on Plant Genetic Resources for Food and Agriculture321
Annex 4Participants at the Regional Multi-stakeholder Dialogues on IPRs and Sustainable Development339
Index348

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