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In developing countries, access to affordable medicines for the
treatment of diseases such as AIDS and malaria remains a matter of
life or death. In Africa, for instance, more than one million
children die each year from malaria alone, a figure which could
soon be far higher with the extension of patent rules for
pharmaceuticals. Previously, access to essential medicines was made
possible by the supply of much cheaper generics, manufactured
largely by India; from 2005, however, the availability of these
drugs is threatened as new WTO rules take effect. Halting the
spread of malaria and HIV/AIDS is one of the eight Millennium Goals
adopted at the UN Millennium Summit, which makes this a timely and
topical book. Informed analysis is provided by internationally
renowned contributors who look at the post-2005 world and discuss
how action may be taken to ensure that intellectual property
regimes are interpreted and implemented in a manner supportive to
the right to protect public health and, in particular, to promote
access to medicines for all.
Intellectual property (IP) has gained an unprecedented importance
in the new world of globalization and the knowledge economy.
However, experience, as well as cyclical attitudes toward IP, show
that there is no universal model of IP protection. This
comprehensive book considers new and emerging IP issues from a
development perspective, examining recent trends and developments
in this area. Presenting an overview of the IP landscape in
general, the contributing authors subsequently narrow their focus,
providing wide-ranging case studies from countries across Africa,
Asia and Latin America on topical issues in the current IP
discourse. These include the impact of IP on the pharmaceutical
sector, the protection of life forms and traditional knowledge,
geographical indications, access to knowledge and public research
institutes, and the role of competition policy. The challenges
developing countries face in the TRIPS-Plus world are also explored
in detail. The diverse range of contributions to this
thought-provoking book offer a wide variety of alternative
perspectives on and solutions for the controversial issues
surrounding the role of IP within sustainable development. As such,
it will prove a stimulating read for government policy-makers,
trade negotiators, academics, lawyers and IP practitioners in
general, UN and other intergovernmental agencies, development
campaigners and aid agencies, environmentalist groups and
university students.
This is the first comprehensive review of the Intergovernmental
Committee (IGC) of the World Intellectual Property Organization
(WIPO) established in 2000. It provides an in-depth consideration
of the key thematic areas within WIPO discussions - genetic
resources (GRs), traditional knowledge (TK) and traditional
cultural expressions (TCEs) through the perspectives of a broad
range of experts and stakeholders, including indigenous peoples and
local communities. It also looks at how these areas have been
treated in a number of forums and settings (including national
systems and experiences, and also in trade agreements) and the
interface with WIPO discussions. Furthermore, the book analyses the
process and the negotiation dynamics since the IGC received a
mandate from WIPO members, in 2009, to undertake formal text-based
negotiations towards legal instruments for the protection of GR, TK
and TCEs. While there has been some progress in these negotiations,
important disagreements persist. If these are to be resolved, the
adoption of these legal instruments would be a significant
development towards resolving key gaps in the modern intellectual
property system. In this regard, the book considers the future of
the IGC and suggests options which could contribute towards
achieving a consensual outcome.
This is the first comprehensive review of the Intergovernmental
Committee (IGC) of the World Intellectual Property Organization
(WIPO) established in 2000. It provides an in-depth consideration
of the key thematic areas within WIPO discussions - genetic
resources (GRs), traditional knowledge (TK) and traditional
cultural expressions (TCEs) through the perspectives of a broad
range of experts and stakeholders, including indigenous peoples and
local communities. It also looks at how these areas have been
treated in a number of forums and settings (including national
systems and experiences, and also in trade agreements) and the
interface with WIPO discussions. Furthermore, the book analyses the
process and the negotiation dynamics since the IGC received a
mandate from WIPO members, in 2009, to undertake formal text-based
negotiations towards legal instruments for the protection of GR, TK
and TCEs. While there has been some progress in these negotiations,
important disagreements persist. If these are to be resolved, the
adoption of these legal instruments would be a significant
development towards resolving key gaps in the modern intellectual
property system. In this regard, the book considers the future of
the IGC and suggests options which could contribute towards
achieving a consensual outcome.
Intellectual property (IP) has gained an unprecedented importance
in the new world of globalization and the knowledge economy.
However, experience, as well as cyclical attitudes toward IP, show
that there is no universal model of IP protection. This
comprehensive book considers new and emerging IP issues from a
development perspective, examining recent trends and developments
in this area. Presenting an overview of the IP landscape in
general, the contributing authors subsequently narrow their focus,
providing wide-ranging case studies from countries across Africa,
Asia and Latin America on topical issues in the current IP
discourse. These include the impact of IP on the pharmaceutical
sector, the protection of life forms and traditional knowledge,
geographical indications, access to knowledge and public research
institutes, and the role of competition policy. The challenges
developing countries face in the TRIPS-Plus world are also explored
in detail. The diverse range of contributions to this
thought-provoking book offer a wide variety of alternative
perspectives on and solutions for the controversial issues
surrounding the role of IP within sustainable development. As such,
it will prove a stimulating read for government policy-makers,
trade negotiators, academics, lawyers and IP practitioners in
general, UN and other intergovernmental agencies, development
campaigners and aid agencies, environmentalist groups and
university students.
The Anti-Counterfeiting Trade Agreement (ACTA) is the most
important effort undertaken to lay down a plurilateral legal
framework for the enforcement of intellectual property rights. With
the view to learn more about the origins of this treaty, the
process leading to its conclusion and its implications for law
making in this field, The ACTA and the Plurilateral Enforcement
Agenda: Genesis and Aftermath analyses in great depth both the
context and the content of the agreements. In order to attain this
objective, a large and diverse group of experts - renowned
scholars, policy makers, civil society and industry actors - who
represent different perspectives on the necessary balance between
intellectual property enforcement and other economic and social
interests have been gathered together. This book is the most
comprehensive analysis of ACTA, and of its relation with ongoing
initiatives to improve enforcement of intellectual property and
norms pertaining to a range of international legal regimes,
conducted so far.
The distribution of technology among enterprises and nations lies
at the heart of international economic relations, affecting trade,
investment, finance and economic policies, and is affected in turn
by the political relations between nations. The need for effective
transfer of technology to developing countries has acquired renewed
urgency in recent years as production becomes increasingly
knowledge-intensive and competition is determined more and more by
the ability of enterprises to learn, to acquire and use knowledge,
and to innovate. Access to knowledge has become key to economic
success in the marketplace. This text discusses the background,
objectives, approaches and progress achieved in the decade-long
negotiations on an International Code of Conduct on the Transfer of
Technology which took place under the aegis of UNCTAD. It examines
the impact and continued relevance of the Code negotiations to
subsequent policy and legislative instruments on international
technology transfer, both at domestic and international levels, and
identifies and examine emerging trends and negotiating agendas that
will help to shape the future of international technological
co-operation. The central question posed by the initiators of the
Draft Code of Conduct is still relevant today - how can we
facilitate a just and mutually beneficial system of technology flow
in a world of rapid change and increasing gaps in the technological
capability of developed and developing countries? The need for
marginalized countries to access knowledge in order to learn,
adjust and integrate effectively into the world economic system
must be balanced with the vital need to reward inventors and
innovators to ensure the continued generation of knowledge. It is
these issues that will continue to dominate any future discussion
on the international transfer of technology. This book will be a
valuable work of reference on the evolution of international
technological cooperation in the last quarter of the 20th century,
as well as a useful guide to policymakers, scholars and
international negotiators dealing with these and related issues of
international economic cooperation.
In developing countries, access to affordable medicines for the
treatment of diseases such as AIDS and malaria remains a matter of
life or death. In Africa, for instance, more than one million
children die each year from malaria alone, a figure which could
soon be far higher with the extension of patent rules for
pharmaceuticals. Previously, access to essential medicines was made
possible by the supply of much cheaper generics, manufactured
largely by India; from 2005, however, the availability of these
drugs is threatened as new WTO rules take effect. Halting the
spread of malaria and HIV/AIDS is one of the eight Millennium Goals
adopted at the UN Millennium Summit, which makes this a timely and
topical book.Informed analysis is provided by internationally
renowned contributors who look at the post-2005 world and discuss
how action may be taken to ensure that intellectual property
regimes are interpreted and implemented in a manner supportive to
the right to protect public health and, in particular, to promote
access to medicines for all.
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