Intellectual Property Rights: Legal And Economic Challenges For Development (initiative For Policy Dialogue)
by Ruth L. Okediji /
2014 / English / PDF
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In recent years, Intellectual Property Rights - both in the form of
patents and copyrights - have expanded in their coverage, the
breadth and depth of protection, and the tightness of their
enforcement. Moreover, for the first time in history, the IPR
regime has become increasingly uniform at international level by
means of the TRIPS agreement, irrespectively of the degrees of
development of the various countries.
In recent years, Intellectual Property Rights - both in the form of
patents and copyrights - have expanded in their coverage, the
breadth and depth of protection, and the tightness of their
enforcement. Moreover, for the first time in history, the IPR
regime has become increasingly uniform at international level by
means of the TRIPS agreement, irrespectively of the degrees of
development of the various countries.
This volume, first, addresses from different angles the effects of
IPR on the processes of innovation and innovation diffusion in
general, and with respect to developing countries in particular.
Contrary to a widespread view, there is very little evidence that
the rates of innovation increase with the tightness of IPR even in
developed countries. Conversely, in many circumstances, tight IPR
represents an obstacle to imitation and innovation diffusion in
developing countries.
This volume, first, addresses from different angles the effects of
IPR on the processes of innovation and innovation diffusion in
general, and with respect to developing countries in particular.
Contrary to a widespread view, there is very little evidence that
the rates of innovation increase with the tightness of IPR even in
developed countries. Conversely, in many circumstances, tight IPR
represents an obstacle to imitation and innovation diffusion in
developing countries.
What can policies do then? This is the second major theme of the
book which offers several detailed discussions of possible policy
measures even within the current TRIPS regime - including the
exploitation of the waivers to IPR enforcement that it contains,
various forms of development of 'technological commons', and
non-patent rewards to innovators, such as prizes. Some drawbacks of
the regimes, however, are unavoidable: hence the advocacy in many
contributions to the book of deep reforms of the system in both
developed and developing countries, including the non-patentability
of scientific discoveries, the reduction of the depth and breadth
of IPR patents, and the variability of the degrees of IPR
protection according to the levels of a country's
development.
What can policies do then? This is the second major theme of the
book which offers several detailed discussions of possible policy
measures even within the current TRIPS regime - including the
exploitation of the waivers to IPR enforcement that it contains,
various forms of development of 'technological commons', and
non-patent rewards to innovators, such as prizes. Some drawbacks of
the regimes, however, are unavoidable: hence the advocacy in many
contributions to the book of deep reforms of the system in both
developed and developing countries, including the non-patentability
of scientific discoveries, the reduction of the depth and breadth
of IPR patents, and the variability of the degrees of IPR
protection according to the levels of a country's
development.