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Science & Innovation Policy: Intellectual property

Key Documents

Policy papers and regulatory issues

Displaying 1-6 of 6 key documents

Property and Climate Change at the UNFCCC

Source: International Centre for Trade and Sustainable Development

This policy brief looks at the role of intellectual property rights in developing and accessing technologies for mitigation and adaption to climate change. It provides an overview of intellectual property rights as the main mechanism of encouraging technological innovation for responding to climate change, and describes the issues that prevent constructive discussion in the area. The brief brings together diverse perspectives to propose action, beginning with building trust and exploring potential policy options, challenging countries to go beyond their entrenched positions and thus enable productive climate talks. It concludes with a caution that without reaching a compromise, the impasse will prevent a significant move towards green technologies.

Combating counterfeit, falsified and substandard medicines: Defining the way forward?

Source: Chatham House | November 2010

This briefing paper, aimed at policymakers and researchers, discusses the regulatory implications of having varied definitions of the term 'counterfeit' and outlines successful law enforcement initiatives to halt the trade in fake drugs. The paper outlines the problem of counterfeit medicines and the urgent issues to be considered by the international community before taking additional steps to tackle it. It discusses the controversy around intellectual property rights and counterfeits, and investigates the motives behind some anti-counterfeiting initiatives that seem to be more concerned with protecting patents.

Helping poor people to earn from their knowledge

Source: J. Michael Finger (World Bank 2003) | 2003

In this paper, World Bank researcher Michael Finger summarises a collection of case studies from his book of the same title (Helping poor people to earn from their knowledge, Oxford University Press 2003). The case studies are built on examples of how poor people in developing countries use skills, innovation and creativity to earn a living from traditional crafts and traditional technologies.

Finger says that an important aim of the book is to draw attention to the income-generating potential of traditional knowledge for poor communities. He says policymakers (in both developed and developing countries) seem preoccupied with legal issues regarding traditional knowledge — such as defending traditional knowledge from being misappropriated by industrial interests; or policing biopiracy — when they ought to be also thinking about finding ways to help poor communities develop the commercial potential of traditional knowledge.

Review of the TRIPS agreement: fostering the transfer of technology to developing countries

Source: Third World Network | 1999

Carlos Correa presents a detailed analysis of the Trade-Related Aspects of Intellectual Property Rights (TRIPS), examining the motives behind developing countries calling for a review of the agreement.

The report also discusses issues related to the implementation of the agreement and to the 'in-built agenda', and looks at the interface between TRIPS and the Convention on Biological Diversity and proposals for enhancing the transfer of technology to developing countries.

The author suggests the development of a comprehensive approach to address developing countries' concerns relating to transfer of technology, possibly including the review of various WTO agreements, and concludes that the improvement of conditions for access to and effective use of foreign technologies will require a broad approach beyond the TRIPs Agreement.

 

Are intellectual property rights stifling agricultural biotechnology in developing countries?

Source: International Food Policy Research Institute | 2001

Part of IFPRI’s annual report (2000-2001), this detailed essay attempts to counter claims that the application of intellectual property rights to agricultural research may leave farmers in the developing countries 'out in the cold'. They say that agricultural researchers in many developing countries are freer than one might think to make use of innovations protected in developed countries.

The authors conclude that concerns that patents and other forms of intellectual property are constraining the 'freedom to operate' in developing countries are largely misplaced, and are actually diverting attention from more crucial issues for agricultural researchers working on staple food crops.

Plant variety protection in Africa: towards compliance with the TRIPS agreement

Source: International Environmental Law Research Center | 2001

This article analyses the ways in which African states might implement plant variety protection as part of their obligations under the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement.

The report summarises the legal and institutional framework of intellectual property rights, examines the possibility of developing alternative regional and domestic systems, argues the case for sui generis plant variety protection systems, and highlights lessons from India concerning the development of such systems.

The author recommends that African — and should avoid the introduction of patents or plant breeders' rights.