An unprecedented surge in the scope and level of intellectual property rights (IPR) protection 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. As developing nations' policy options to use IPRs in support of their broader development strategy 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. Developing countries face huge challenges when designing and implementing IPR-policy on all levels. This book offers perspectives from a diverse range of developing country participants including civil society participants, farmers, grassroots organizations, researchers and government officials. Contributions from well-known developed country authorities round out the selections.
List of Tables and Boxes
• List of Contributors
• Foreword
• Acknowledgements
• List of Acronyms and Abbreviations
• 1 Introduction - Graham Dutfield
• PART ONE - THE INTERNATIONAL ARCHITECTURE: TRIPS and Development 2 Origins and history of the TRIPS negotiations - Adronico Oduogo Adede 3 The future of IPRs in the multilateral trading system - Frederick Abbott 4 The political economy of the TRIPS Agreement: lessons from Asian countries - Jakkrit Kuanpoth 5 Integrating IPR policies in development strategies - John Barton
• TRIPS and the International System on Genetic Resources 6 TRIPS and the FAO International Treaty on Plant Genetic Resources - Robert J L Lettington 7 The Convention on Biological Diversity and the TRIPS Agreement: compatibility or conflict? - Biswajit Dhar
• The WIPO Agenda 8 New treaty development and harmonization of intellectual property law - Ruth Okediji
• PART TWO - POLICY AND SYSTEMIC ISSUES: Plant Variety Protection and Patents on Life Forms 9 Article 27.3(b) of the TRIPS Agreement: the review process and developments at national and regional levels - Boniface Guwa Chidyausiku 10 The Revised Bangui Agreement and plant variety protection in OAPI countries - Jeanne Zoundjihekpon 11 The world of biotechnology patents - Silvia Salazar 12 The implications of intellectual property for agricultural research and seed production in West and Central Africa - Oumar Niangado and Demba Kebe
• TRIPS and Public Health 13 Access to medicines and public policy safeguards under TRIPS - K Balasubramaniam 14 Intellectual property rights and public health in the Revised Bangui Agreement - Rosine Jourdain 15 The TRIPS Agreement and generic production of HIV/AIDS Drugs - Narendra B Zaveri
• IPRs and the Protection of Traditional Knowledge 16 International legal protection for genetic resources, traditional knowledge and folklore: challenges for the intellectual property system - Weerawit Weeraworawit 17 Indigenous knowledge and its protection in India - Suman Sahai 18 Access to genetic resources and protection of traditional knowledge in indigenous territories - Grethel Aguilar 19 Traditional knowledge and the biotrade: the Colombian experience - Ana Maria Hernandez Salgar 20 Documentation of traditional knowledge: People's Biodiversity Registers - Ghate Utkarsh 21 Requiring the disclosure of the origin of genetic resources and traditional knowledge: the current debate and possible legal alternatives - David Vivas Eugui
• PART THREE - IMPLEMENTING THE TRIPS AGREEMENT 22 Formulating effective pro-development national intellectual property policies - Carlos Correa
• Regional Initiatives 23 Implementing the TRIPS Agreement in Africa - Francis Mangeni 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 - Johnson A Ekpere 25 The Andean Community regimes on access to genetic resources, intellectual property and indigenous peoples' knowledge - Manuel Ruiz 26 The Central American Regional Protocal on Access to Genetic and Biochemical Resources - Jorge Cabrera Medaglia
• National Legislative Reforms 27 The Indian experience in the field of IPR's to biological resources and benefit sharing - Atul Kaushik 28 Interlectual property rights and biological resources: current policy and legislative developments in South Africa - Rosemary A Wolson 29 Towards TRIPS compliance: Kenyan's legislative reforms - James Otieno-Odek 30 The Peruvian Law on Protection of the Collective Knowledge of Indigenous people related to Biological Resources - Begona Venero
• Annex 1 Agreement on trade-related Aspects of Interlectual Property Rights (extracts)
• Annex 2 The Convention on Biological Diversity (extracts)
• Annex 3 International Treaty on Plant Genetic Resources for Food and Agriculture (extracts)
• Annex 4 participants at the Regional Multi-stakeholder Dialogues on IPRs and Sustainable Development
• Index
Overview
An unprecedented surge in the scope and level of intellectual property rights (IPR) protection 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. As developing nations' policy options to use IPRs in support of their broader development strategy are being rapidly narrowed down, many experts are questioning the one-size-fits-all approach to IPR protection and are backing...