Trading in Knowledge: Development Perspectives on TRIPS, by Graham Dutfield

By Graham Dutfield

An remarkable surge within the scope and point of highbrow estate rights (IPR) safeguard has been engulfing the realm. This globalizing pattern has shifted the stability of pursuits among inner most innovators and society at huge and tensions have flared round key public coverage issues. As constructing countries' coverage recommendations to exploit IPRs in help in their broader improvement approach are being quickly narrowed down, many specialists are wondering the one-size-fits-all method of IPR security and are backing a rebalancing of the worldwide regime. constructing international locations face large demanding situations whilst designing and imposing IPR-policy on all degrees. This publication bargains views from a various variety of constructing kingdom contributors together with civil society members, farmers, grassroots organisations, researchers and executive officers. Contributions from recognized built nation gurus around out the choices.

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The interests of developed country industries, on the other hand, were actively pursued by their respective governments, as evidenced by the active role played by the US in bringing IPRs to the negotiating table at the launch of the Uruguay Round. The fact that NGOs and civil society were excluded from the negotiations resulting in the creation of the WTO and the agreements it administers, including TRIPS, may explain why they subsequently became so uncompromising towards the WTO, as shown when they helped to paralyse the 1999 Seattle Ministerial Conference, where it was expected that a Millennium Round would be launched.

One of these, from the Permanent Mission of Venezuela,3 proposed that the next review of TRIPS, inter alia, should ‘establish on a mandatory basis within the TRIPS Agreement a system for the protection of intellectual property, with an ethical and economic content, applicable to the traditional knowledge of local and indigenous communities, together with recognition of the need to define the rights of collective holders’. 3(b), ‘a footnote should be inserted stating that any sui generis law for plant variety protection can provide for [inter alia]: (i) the protection of the innovations of indigenous farming communities in developing countries, consistent with the Convention on Biological Diversity and the International Undertaking on Plant Genetic Resources’.

The current model, which is that of UPOV, has certain defects which make it less attractive to the developing countries. The fourth related to the ethics of patenting life forms. The African states maintained their position that patenting life forms (human, animal or plant life) raises serious ethical, religious and cultural questions and should therefore be rejected, as should the commodification and marketing of life. The fifth was the relationship between TRIPS and the conservation and sustainable use of genetic resources.

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