Table of Contents

Intellectual Property and Sustainable Development

Intellectual Property and Sustainable Development

Development Agendas in a Changing World

Elgar Intellectual Property and Global Development series

Edited by Ricardo Meléndez-Ortiz and Pedro Roffe

This comprehensive book considers new and emerging IP issues from a development perspective, examining recent trends and developments in this area. Presenting an overview of the IP landscape in general, the contributing authors subsequently narrow their focus, providing wide-ranging case studies from countries across Africa, Asia and Latin America on topical issues in the current IP discourse. These include the impact of IP on the pharmaceutical sector, the protection of life forms and traditional knowledge, geographical indications, access to knowledge and public research institutes, and the role of competition policy. The challenges developing countries face in the TRIPS-Plus world are also explored in detail.

Chapter 2: The Politics of Reform in Developing Countries

Carolyn Deere

Subjects: development studies, development economics, law and development, economics and finance, development economics, law - academic, intellectual property law, law and development


Carolyn Deere INTRODUCTION The approach taken by developing countries to intellectual property (IP) decision-making varies widely. This variation raises several questions: How do politics at the national level impact the prospects for development-oriented IP reforms? What kind of institutional frameworks would best ensure that public policy goals are integrated and advanced in IP policy and decision-making? This chapter proceeds in three sections. The following section reviews the scope of IP issues demanding attention at the national level, highlighting the diversity of national approaches to the process and organization of IP decision-making. In the next section, I focus on six aspects of variation: (i) the presence or absence of public policy frameworks for IP decision-making; (ii) the location and organization of IP offices within government; (iii) coordination within government; (iv) coordination of enforcement efforts; (v) processes for public consultation and participation; and (vi) the administration of copyright laws.1 The final section 3 concludes by briefly reviewing the challenges that developing countries face in advancing national IP reforms, suggesting several elements critical to development-oriented IP decision-making. THE SCOPE OF NATIONAL IP DECISION-MAKING AND VARIATION At the national level, a broad array of IP issues demand government attention. Core tasks required of government include: ● ● ● ● ● ● ● ● setting a national public policy framework to guide IP laws; passing IP legislation; administering IP laws; adjudicating IP disputes (such as disputes over infringement of rights and patent validity); raising public awareness of the IP system; implementing international IP commitments; participating in multilateral, regional and bilateral IP negotiations and...

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