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 10: Public sector information, intellectual property data and developing countries

Marco Ricolfi

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


One way to look at the history of innovation and creativity in the last two centuries is to account for how the ingenuity of individual innovators was gradually replaced by the organized, systematic and formalized effort of corporate entities. These may have been either private businesses or public research centers and universities, the latter having an inclination towards basic research as much as the former specialize in applied research and development (R & D). In both cases, the original paradigm of Benjamin Franklin-like individual creativity took a back seat while the later, management-and organization-based paradigm took center stage. The case can be made - and is indeed being made - that in the last two decades a third, entirely novel, network-driven paradigm of innovation and creativity has been emerging. The possibility of a myriad of cooperative research enterprises, which use the web as an instrument to bring together vast data sets accumulated by the different players, has become a reality.

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