Intellectual Property Enforcement

Intellectual Property Enforcement

International Perspectives

Edited by Xuan Li and Carlos M. Correa

The enforcement of TRIPS-plus standards on Intellectual Property (IP) has become one of the most significant challenges for developing countries in recent years. This book is the first initiative linking IP enforcement and development, which fundamentally differs from the approach and perspective of developed countries.

Chapter 1: The Changing Global Governance of Intellectual Property Enforcement: A New Challenge for Developing Countries

Viviana Muñoz Tellez

Subjects: development studies, development studies, law - academic, intellectual property law

Extract

Viviana Muñoz Tellez INTRODUCTION Over the past decade, the understanding on the relationship between intellectual property and development has increased significantly. This is largely due to the expansion of research conducted across multiple disciplines – law, economics, political science, international relations, development studies – and the consolidation of intellectual property systems in developing countries. Groundbreaking works (CIPR, 2002; CIPIH, 2006) have shown that the relationship is complex, multifaceted and dynamic. Empirical and historical evidence reveal mixed outcomes regarding the impact of strong intellectual property protection among countries at different levels of economic and technological development and economic sectors. In terms of policy, it means that intellectual property rules should be designed, implemented and adjusted to balance the various effects of intellectual property protection, in line with national development priorities. The ability of developing countries, including least developed countries, to integrate development concerns into their intellectual property systems is constrained by the growing number of multilateral, regional and bilateral commitments they continue to make in the area of intellectual property. Accordingly, it is ever more important today that developing countries maintain and make use of the flexibilities that are available in the international intellectual property regime, rather than strengthen intellectual property protection without making a thorough assessment beforehand of the needs, risks and impact of increasing protection. 3 4 Intellectual property enforcement One of the major challenges facing developing country governments today is how to deal with the growing number of demands from intellectual property right-holders and developed country governments, to reform...

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