Development Agendas in a Changing World
Elgar Intellectual Property and Global Development series
Edited by Ricardo Meléndez-Ortiz and Pedro Roffe
Chapter 2: The Politics of Reform in Developing Countries
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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