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Major Controversial Issues of Intellectu PDF
Major Controversial Issues of Intellectu PDF
Intellectual Property:
Developing Countries Perspectives
SUBMITTED TO
Mr. Mohammad Ataul Karim
Lecturer & Program Coordinator
SUBMITTED BY
Sadiya Sultana Silvee
Program: LL.B Honors
ID: 110311004
Batch: 1103
Major Controversial Issues
of Intellectual Property:
Developing Countries Perspective
SUBMITTED TO
Mr. Mohammad Ataul Karim
Lecturer & Program Coordinator
SUBMITTED BY
Sadiya Sultana Silvee
Program: LL.B Honors
ID: 110311004
Batch: 1103
Contents
Introduction i
Acknowledgement ii
Acronyms iii
Chapter 1
Chapter 2
Chapter 3
Conclusion 9
Recommendations 10
References 11
INTRODUCTION
The protection of intellectual property rights (IPR) has become one of the most
contentious issues in global commerce. IPR-related disputes dominate not
only trade among nations, but business within nations. Several trends –
globalization of technology and skill, emergence of new technologies, and the
rapid development of emerging economies – have jointly elevated the
importance of IPR protection, both politically and commercially. Few policy
issues evoke the emotional response that has accompanied the
international debate over intellectual property. While the United States
is a leading advocate of intellectual property protection , a bloc of
developing countries—led by India and including many host countries
of USAID Missions—denounces the intellectual property system as a
new form of colonial exploitation designed to protect corporate
interests in the developed world at the expense of the developing
world. Discussions are also influenced by humanitarian concerns over
the catastrophic AIDS crisis in sub-Saharan Africa and stories of
biopiracy of indigenous knowledge and biological resources.
i
Acknowledgement
This assignment summarizes the most salient IPR issues, such as the economic
impact of weak protection of IPR, outdated patent systems in developed
economies, tensions between developed countries and developing countries
over IPR protection, government and business responses, and proposed
reforms.
I would like to express my sincere gratitude to all my course lectures for helping
me in completing my assignment.
Finally, a big thank to all the co-operation in providing the relevant data for the
assignment.
ii
ACRONYMS
BSA Business Software Alliance
CGIAR Consultative Group on International Agricultural Research
CCPA Court of Customs and Appeals (USA)
EC European Community
EPC European Patent Convention
EPO European Patent Office
FAO Food and Agricultural Organization (UN)
FDA Food and Drug Administration (USA)
GATT General Agreement on Tariffs and Trade
GSP General System of Preferences
IARC International Agricultural Research Centre
INPI National Institute of Industrial Property (Brazil)
IP Intellectual Property
IPRs Intellectual Property Rights
IPP Intellectual Property protection
ITC International Trade Commission (USA)
MNF Most Favored Nation
MNE Multinational Enterprise
NAFTA North American Free Trade Agreement
NGO Non-governmental Organization
NIC Newly Industrializing Country
NWGPL National Working Group on Patent Laws (India)
OECD Organization for Economic Co-operation and Development
OJEC Official Journal of the European Communities
PIPR Private Issuers Publicly Raising
PPA Plant Patent Act (USA)
PVPA Plant Variety Protection Act (USA)
R&D Research and Development
SPC Supplementary Protection Certificate (EC)
SCPA Semiconductor Chip Protection Act (USA)
TRIPs Trade Related Intellectual Property rights
UN United Nations
UNCTAD UN Conference on Trade and Development
UNDP United Nations Development Program
UNEP United Nations Environment Program
UPOV International Convention for the Protection of New Varieties of
Plants
WTO World Trade Organization
iii
1.1 Rationale of the Assignment
For all intents and purposes, IPR protection was not a major international
trade issue prior to the 1990s – and for good reason. Prior to the end of the
Cold War and the advent of accelerated globalization and the information
revolution in the 1990s, the protection of IPR remained mainly a domestic,
rather than a global, issue. But since the 1990s, IPR protection has assumed
growing salience in international trade in general, and in the commercial
relations between developed and developing countries in particular.
Several trends have made IPR protection a critical business and national
strategy for corporations and governments.
The purpose of the assignment is to summarize the most salient IPR issues,
such as the economic impact of weak protection of IPR, outdated patent
systems in developed economies, tensions between developed countries and
developing countries over IPR protection, government and business responses,
and proposed reforms.
1.2 Methodology
1|Page
This assignment utilizes both quantitative and qualitative data collection tools,
but is rooted in a qualitative epistemological position that recognizes the
importance of locating the assignment within a particular social, cultural, and
historical context. It also takes seriously the social construction of these contexts.
The assignment is exploratory in nature, because the aim of the assignment is to
discover the ideas and insights about this particular assignment topic.
My study had several limitations. The study was limited to its small size data
collection. The assignment has been made as comprehensive as possible by
making use of available information from different initiatives from various
sources. There was also limitation in access. If access to different organizational
reports and document was available the study would have been broader.
However, several information are web-based, social groups, newspapers, books
etc. Nevertheless, a broader picture of other initiatives would have definitely
enriched this assignment. So, this could be the major limitation of the study.
2|Page
2.1 What Is Intellectual Property?
Intellectual property rights are like any other property right. They allow
creators, or owners, of patents, trademarks or copyrighted works to benefit from
their own work or investment in a creation. These rights are outlined in Article
27 of the Universal Declaration of Human Rights, which provides for the right to
benefit from the protection of moral and material interests resulting from
authorship of scientific, literary or artistic productions.2
Intellectual
Property
3|Page
3.1 Discussion on IPRs
• Copyright
• Patents
• Trademarks
• Industrial designs
3
Ibid
4
Ibid
5
Ibid
6
Ibid
4|Page
• Geographical indications
Geographical indications and appellations of origin are signs used on goods that
have a specific geographical origin and possess qualities, a reputation or
characteristics that are essentially attributable to that place of origin. Most
commonly, a geographical indication includes the name of the place of origin of
the goods.7
• Traditional Knowledge
The major controversial issues for the time being are discussed below:
Patents are exclusive property rights in intangible creations of the human mind.
They exist only as provided in the laws of sovereign states, and can be enforced
only to the extent that application has been made and a patent granted covering
the territory of an individual state. Patent rights are limited in duration.
7
Ibid
5|Page
The pharmaceutical industries are different from other technology-based
industries. In a technology based industries it is possible to keep their inventions
secret until they start promoting their product. This enables inventors to delay
patent filings until the last possible moment. But in case of pharmaceutical
industries tolerance for a buyer bewares philosophy is extremely low
compared to other industries. In a medical research, the researchers have an
obligation to share their findings as soon as possible with their peers so that
those peers will be able to benefit from the new knowledge in their own
research.
In 2001 the pharmaceutical industry pipeline contained 402 new cancer medicines,
123 new treatments for heart disease and stroke, 83 new AIDS treatments and 176
new medicines for neurological diseases.8 But only few medicines are in market. The
reason behind it is the manufacturing costs of these medicines are higher. Thus, their
price will be higher in the market.
The fact that many patients of the developing countries will not be able to access
these expensive medicines as it will cost more them than the developed countries.
Many developing countries has their own pharmaceutical industries but due to lack
of funds they are unable to provide their people with also sorts of medicine.
Thus, developing countries are not supporting patent protection rights. According to
developing countries view patent protection will:
The application for patent protection of Plant varieties covers all the
necessary standards and requirements that are available in the
developed countries. This necessary and requirements creates the
farmers of developing countries into problems. The developing
countries don t have patent protection on many organisms which
might help them in their research. Few developing countries don t
have required instruments to carry on a research. Such obligation
slows down the research process of developing countries.
6|Page
And to get international protection on plant varieties a country needs
to have a national law. Many developing countries don t have any
national law.
Recently, India has enacted a law called India s Plant Variety Protection
and Farmers Rights Act9. The law is not yet enforced. According to the
developing countries patent protection on plant varieties will:
7|Page
3.3 TRIPS and the Developing Countries
The Developing Countries who are the members of WTO has raised many
reasons behind not implementing TRIPS agreement in their country. According
to them the agreement is mainly benefiting technology-rich countries. There are
number of reasons why developing countries are saying it. The reasons are
discussed below:
The develop countries will use strong protection to exploit IP for their own
economic developing.
8|Page
Conclusion
The over-all assignment will give a clear scenario about the issues of controversy
and the reasons behind it.
9|Page
Recommendations
Many developing countries has no national laws for their IP. At first, the
developing countries need to enact laws for IP. Secondly, needs to create path for
creators to invent new. Thirdly, needs to make use of their geographical
indications and traditional knowledge for marketing to develop economically.
TRIPS agreement needs to amend in many places creating path for developing
countries to get benefited as well. Firstly, the products which are necessary for
public health needs to be kept outside from strong protection zone. Secondly,
amendment of Article 66(2) of the TRIPS Agreement which says, incentives to
their enterprises and institutions to promote technology transfer to the least-
developed countries.
10 | P a g e
References
11 | P a g e