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 9: The illusion of the TRIPS Agreement to promote creativity and innovation in developing countries: Case study on Kenya

James Otieno Odek

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

Extract

International trade increasingly involves a diverse array of products in which ideas and knowledge play a part. The products range from high-technology products such as new medicines and computer processors, to creative material like films and music, to low-technology products such as brand names and designs. The 21st century has unveiled unparalleled growth in knowledge-based products with unique human resource didactic and pedagogy skills required for countries to be competitive in their trade relations. These trends observed in national economic growth have one thing in common: they are fuelled by the creativity and inventiveness of mankind. The seed and gem of these remarkable trends is the human intellect-the knowledge ensconced in the human mind-intellectual property (IP). IP law makes property out of knowledge. Any country that does not harness and improve its knowledge base to leverage its creativity and innovation for socio-economic development and trade relations will be left behind.

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.

Further information