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

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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: 5/28/2004
  • Edition description: 1
  • Pages: 358
  • Product dimensions: 6.04 (w) x 9.54 (h) x 1.26 (d)

Meet the Author

Graham Dutfield is Senior Research Fellow at Queen Mary College London. He is co-editor of Trading in Knowledge (2003, ) and Intellectual Property Rights, Trade and Biodiversity (2002).

Ricardo Meléndez-Ortiz is Execcutive Director of the International Center for Trade and Sustainable Development (ICTSD).

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Table of Contents

List of Tables and Boxes
List of Contributors
Foreword
Acknowledgements
List of Acronyms and Abbreviations
1 Introduction 1
2 Origins and history of the TRIPS negotiations 23
3 The future of IPRs in the multilateral trading system 36
4 The political economy of the TRIPS Agreement: lessons from Asian countries 45
5 Integrating IPR policies in development strategies 57
6 TRIPS and the FAO International Treaty on Plant Genetic Resources 65
7 The Convention on Biological Diversity and the TRIPS Agreement: compatibility or conflict? 77
8 New treaty development and harmonization of intellectual property law 89
9 Article 27.3(b) of the TRIPS Agreement: the review process and developments at national and regional levels 101
10 The Revised Bangui Agreement and plant variety protection in OAPI countries 109
11 The world of biotechnology patents 117
12 The implications of intellectual property for agricultural research and seed production in West and Central Africa 127
13 Access to medicines and public policy safeguards under TRIPS 135
14 Intellectual property rights and public health in the Revised Bangui Agreement 143
15 The TRIPS Agreement and generic production of HIV/AIDS Drugs 149
16 International legal protection for genetic resources, traditional knowledge and folklore: challenges for the intellectual property system 157
17 Indigenous knowledge and its protection in India 166
18 Access to genetic resources and protection of traditional knowledge in indigenous territories 175
19 Traditional knowledge and the biotrade: the Colombian experience 184
20 Documentation of traditional knowledge: People's Biodiversity Registers 190
21 Requiring the disclosure of the origin of genetic resources and traditional knowledge: the current debate and possible legal alternatives 196
22 Formulating effective pro-development national intellectual property policies 209
23 Implementing the TRIPS Agreement in Africa 219
24 The African Union Model Law for the Protection of the Rights of Local Communities Farmers and Breeders and the Regulation of Access to Biological Resources 232
25 The Andean Community regimes on access to genetic resources, intellectual property and indigenous peoples' knowledge 238
26 The Central American Regional Protocol on Access to Genetic and Biochemical Resources 246
27 The Indian experience in the field of IPRs, access to biological resources and benefit sharing 255
28 Intellectual property rights and biological resources: current policy and legislative developments in South Africa 264
29 Towards TRIPS compliance: Kenya's legislative reforms 277
30 The Peruvian Law on Protection of the Collective Knowledge of Indigenous Peoples Related to Biological Resources 285
Annex 1 Agreement on Trade-related Aspects of Intellectual Property Rights 293
Annex 2 The Convention on Biological Diversity 309
Annex 3 International Treaty on Plant Genetic Resources for Food and Agriculture 321
Annex 4 Participants at the Regional Multi-stakeholder Dialogues on IPRs and Sustainable Development 339
Index 348
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