Development Agendas in a Changing World
Elgar Intellectual Property and Global Development series
Edited by Ricardo Meléndez-Ortiz and Pedro Roffe
Ricardo Meléndez-Ortiz and Pedro Roffe THE NEW INTERNATIONAL INTELLECTUAL PROPERTY ARCHITECTURE Whether in discussions on technological progress and innovation, public health, food security, education, trade, industrial policy, traditional knowledge, biodiversity, biotechnology, the Internet or the entertainment and media industries, intellectual property (IP) has become a particularly contentious issue economically and politically. Through its chapters, this book explores an array of perspectives on the current state and future of IP. For many, however, IP is an entirely new subject. Indeed, historically, it was the exclusive domain of legal specialists and the owners and producers of goods and services with intellectual property content. Not many developing countries have had much direct experience of IP policy, even in cases where such legal systems have existed for many years. Paradoxically, particularly over the past few years, IP has become an area in which developing countries have come under pressure to reform and to become more vigilant regarding the protection and enforcement of intellectual property rights (IPRs). The substantive obligations and rules set forth in the World Trade Organization (WTO) Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPS) of 1994 are now widely accepted as the centrepiece of the new international IP architecture. The incorporation of IPR issues into the international trading system has offered a golden opportunity to ensure that international obligations are not only an integral part of national regimes, but that failure to implement and enforce the minimum standards required by TRIPS constitutes a risk for action under the WTO...