TRIPS and Developing Countries

TRIPS and Developing Countries

Towards a New IP World Order?

Edited by Gustavo Ghidini, Rudolph J.R. Peritz and Marco Ricolfi

TRIPS reflects the dominant view that enforcing strong intellectual property rights is necessary to solve problems of trade and development. The global ensemble of authors in this collection ask, how can TRIPS mature further into an institution that supports a view of economic development which incorporates the human rights ethic already at work in the multilateralist geopolitics driving international relations? In particular, how can these human rights, seen as encompassing a whole ‘new’ set of collective interests such as public health, environment, and nutrition, provide a pragmatic ethic for shaping development policy? Some chapters address these questions by describing recent successes, while others propose projects in which these human rights can provide ethical ground for influencing the forces at play in development policies.

Chapter 4: Compulsory licensing of intellectual property: A viable policy lever for promoting access to critical technologies?

Charles R. McManis and Jorge L. Contreras

Subjects: development studies, law and development, law - academic, intellectual property law, international economic law, trade law, law and development

Extract

Responding to violent anti-globalization protests and the tear gas-beclouded collapse of its 1999 Ministerial Conference in Seattle, a chastened World Trade Organization (WTO), in its 2001 Doha Ministerial Declaration, stressed the importance of putting the needs and interests of developing countries at the heart of the work program adopted in that Declaration. In an accompanying declaration, the WTO stressed in particular the importance of interpreting and implementing the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (the TRIPS Agreement) in a manner supportive of the right of WTO members to protect public health and, in particular, to promote access to medicines for all.

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