Abstract
The theory of IP and social and economic development needs to be translated into implementation strategies if it is to be effectively applied in developing countries. This chapter seeks to convert into practice the ideas presented in the previous chapters and recommends measures that can be implemented by developing countries to ensure that their IP strategies are aligned with, and serve, their social and economic development objectives. This chapter first examines (Sect. 7.2) the policies that developing countries need to consider in the context of IP and development. It then suggests (Sects. 7.3 and 7.4) some practical measures that can be adopted by developing countries.
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Notes
- 1.
See also Hirouki Odagiri et al (eds), Intellectual Property Rights, Development and Catch UP (Oxford, 2010) 417-430.
- 2.
UNCTAD ICTSD, Towards Development–Oriented Intellectual Property Policy: Advancing the Reform Agenda, 2nd Bellagio Series on Development and Intellectual Property, 18-21 September 2003, IPRonline <http://www.iprsonline.org/unctadictsd/bellagio/docs/Bellagio2_Report.pdf>.
- 3.
Ruth L. Okediji, Development in the Information Age, UNCTAD- ICTSD Project on IPRs and Sustinable Development, Issue Paper Number 9, (May 2004), IPRonline 31 <http://www.iprsonline.org/unctadictsd/docs/CS_Okediji.pdf>.
The commentator Sisule Musungu proposes the following:
Instead of the extreme positions-one-size-fits-all and outright rejection of Western-style IP law—there are many shades of gray allowed under the current international agreements. The proposed solution to this current schism is threefold: 1) implementation, in phases, of IP laws that are tailored to a country’s needs; 2) greater guidance an involvement by international organizations to help a country build on its strengths and pre-existing industries; and 3) a mandatory level of investment or involvement by developed countries in the creation and development of these IP law regimes and industries in the developing countries.
See Sisule F Musungu, Rethinking Innovation, Development and Intellectual Property in the UN: WIPO and Beyond TRIPS, Quaker International Affairs Programme, Issue Paper 5, (2005), The Quaker United Nations Office (QUNO) < http://www.quno.org/geneva/pdf/economic/Issues/TRIPS53.pdf >.
- 4.
Dalindyebo Shabalala, Towards A Digital Agenda for Developing Countries, Research Papers 13
(August 2007) South Center <http://www.southcentre.org/index.php?option=com_content&task= view&id=65&Itemid=1>.
- 5.
Peter Drahos, An Alternative Framework for the Global Regulation of Intellectual Property Rights Centre for Governance of Knowledge and Development Working Paper (October 2005) <https://www.anu.edu.au/fellows/pdrahos/articles/pdfs/2005analternativeframework.pdf>.
- 6.
Consumers International, Copyright and Access to Knowledge, Policy Recommendations on Flexibilities in Copyright Laws (2006) Soros Foundation <http://www.consumersinternational.org/media/303356/copyright%20and%20access%20to%20knowledge%20-%20full%20report%20(pdf).pdf>.
- 7.
Margaret Chon, ‘Intellectual Property and the Development Divide’ (2006) 27 Codozo Law Review 2813 <http://papers.ssrn.com/sol3/papers.cfm?abstract_id=894162>.
- 8.
Statement By Egypt on Behalf of the Development Agenda Group (DAG), IP Watch <http://www.ip-watch.org/weblog/wp-content/uploads/2009/11/compilation-of-proposals.pdf>.
- 9.
Francis Gurry, ‘Blue Sky Conference: Future Directions in Copyright Law’ (A speech by the Director General of WIPO to the Future of Copyright Conference, Queensland University of Technology, Sydney, 25 February 2011) <http://www.wipo.int/about-wipo/en/dgo/speeches/dg_blueskyconf_11.html >.
- 10.
Consumers International <http://www.consumersinternational.org/>.
- 11.
Knowledge Ecology International <http://keionline.org/>.
- 12.
CopySouth <http://www.copysouth.org/portal/>.
- 13.
South Centre <http://www.southcentre.org>.
- 14.
EIFL <http://www.eifl.net/>.
- 15.
COMMUNIA <http://communia-project.eu/>.
- 16.
ICTSD <http://ictsd.org/>.
- 17.
See Lea Shaver (ed), Access to Knowledge in Brazil (Bloomsbury, 2010) 68. The Gowers Review of Intellectual Property was concerned that ”the limitations in developing countries are too narrow and this may result in stunning new creators from generating and producing new works”. The Gowers Review of Intellectual Property (November 2006) HM Treasury United Kingdom <http://www.hm-treasury.gov.uk/d/pbr06_gowers_report_755.pdf>.
Professor Margret Chon argues also that:
There is a lot of “room for manoeuvre” both for intellectual property protection in the form of copyright, on the one hand, and for limitations and exceptions to copyright in order to access knowledge goods for essential education, on the other.
Chon, above n 7.
- 18.
See ch 5, 228–229 and 258–260.
- 19.
Anurag Jadli, ‘Rice Companies in Court: Searching for A Grain of Truth’ Midday (Delhi) (online), 23 February 2011 <http://www.mid-day.com/news/2011/feb/230211-news-delhi-Two-major-exporters-Rice-companies-copyright-issues.htm#>; BBC, ‘South Asia King of Rice in Court’, BBC (online), 17 July 1998 <http://news.bbc.co.uk/2/hi/south_asia/134609.stm>.
- 20.
Ibid.
- 21.
Recommendations 35 and 37 of the PCDA provides that:
35) To request WIPO to undertake, upon request of Member States, new studies to assess the economic, social and cultural impact of the use of intellectual property systems in these States.
37) Upon request and as directed by Member States, WIPO may conduct studies on the protection of intellectual property, to identify the possible links and impacts between intellectual property and development.
See WIPO, The 45 Adopted Recommendations under the WIPO Development Agenda (2007)
<http://www.wipo.int/ip-development/en/agenda/recommendations.html>.
- 22.
Recommendations 14 and 17 of the PCDA provides as follows:
14) Within the framework of the agreement between WIPO and the WTO, WIPO shall make available advice to developing countries and LDCs, on the implementation and operation of the rights and obligations and the understanding and use of flexibilities contained in the TRIPS Agreement.
17) In its activities, including norm-setting, WIPO should take into account the flexibilities in international intellectual property agreements, especially those which are of interest to developing countries and LDCs. Ibid.
- 23.
See WIPO Academy <http://www.wipo.int/academy/en/>.
- 24.
The courses offered by the WIPO Academy are available here: <http://www.wipo.int/academy/en/courses/distance_learning/catalog/c_index.html>.
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Olwan, R.M. (2012). Policy Road Map for Intellectual Property and Development. In: Intellectual Property and Development. Springer, Berlin, Heidelberg. https://doi.org/10.1007/978-3-642-27907-2_7
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