Trading in Knowledge

by Bellmann, Christophe; Dutfield, Graham; Melendez-Ortiz, Ricardo

• ISBN13: 9781844070442
• ISBN10: 1844070441
• Format: Paperback
• Copyright: 2004-05-01
• Publisher: Routledge

Summary

An unprecedented surge in the scope and level of intellectual property rights (IPR) protection has been engulfing the world. This globalizing trend has shifted the balance of interests between private innovators and society at large and tensions have flared around key public policy concerns. As developing nations' policy options to use IPRs in support of their broader development strategy are being rapidly narrowed down, many experts are questioning the 'one-size-fits-all' approach to IPR protection and are backing a rebalancing of the global regime. Developing countries face huge challenges when designing and implementing IPR-policy on all levels. This book offers unique perspectives by a diverse range of developing country participants including civil society participants, farmers, grassroots organizations, researchers and government officials. Contributions from well-known developed country authorities round out the selections.

Table of Contents

List of Tables and Boxes	vi
List of Contributors	vii
Foreword	x
Acknowledgements	xiii
List of Acronyms and Abbreviations	xv
1 Introduction
Graham Dutfield	1	(22)
PART ONE - THE INTERNATIONAL ARCHITECTURE
TRIPS and Development
2 Origins and history of the TRIPS negotiations
Adronico Oduogo Adede	23	(13)
3 The future of IPRs in the multilateral trading system
Frederick Abbott	36	(9)
4 The political economy of the TRIPS Agreement: lessons from Asian countries
Jakkrit Kuanpoth	45	(12)
5 Integrating IPR policies in development strategies
John Barton	57	(8)
TRIPS and the International System on Genetic Resources
6 TRIPS and the FAO International Treaty on Plant Genetic Resources
Robert J L Lettington	65	(12)
7 The Convention on Biological Diversity and the TRIPS Agreement: compatibility or conflict?
Biswajit Dhar	77	(12)
The WIPO Agenda
8 New treaty development and harmonization of intellectual property law
Ruth Okediji	89	(12)
PART TWO - POLICY AND SYSTEMIC ISSUES
Plant Variety Protection and Patents on Life Forms
9 Article 27.3(b) of the TRIPS Agreement: the review process and developments at national and regional levels
Boniface Guwa Chidyausiku	101	(8)
10 The Revised Bangui Agreement and plant variety protection in OAPI countries
Jeanne Zoundjihekpon	109	(8)
11 The world of biotechnology patents
Silvia Salazar	117	(10)
12 The implications of intellectual property for agricultural research and seed production in West and Central Africa
Oumar Niangado and Demba Kebe	127	(8)
TRIPS and Public Health
13 Access to medicines and public policy safeguards under TRIPS
K Balasubramaniam	135	(8)
14 Intellectual property rights and public health in the Revised Bangui Agreement
Rosine Jourdain	143	(6)
15 The TRIPS Agreement and generic production of HIV/AIDS Drugs
Narendra B Zaveri	149	(8)
IPRs and the Protection of Traditional Knowledge
16 International legal protection for genetic resources, traditional knowledge and folklore: challenges for the intellectual property system
Weerawit Weeraworawit	157	(9)
17 Indigenous knowledge and its protection in India
Suman Sahai	166	(9)
18 Access to genetic resources and protection of traditional knowledge in indigenous territories
Grethel Aguilar	175	(9)
19 Traditional knowledge and the biotrade: the Colombian experience
Ana Maria Hernández Salgar	184	(6)
20 Documentation of traditional knowledge: People's Biodiversity Registers
Ghate Utkarsh	190	(6)
21 Requiring the disclosure of the origin of genetic resources and traditional knowledge: the current debate and possible legal alternatives
David Vivas Eugui	196	(13)
PART THREE - IMPLEMENTING THE TRIPS AGREEMENT
22 Formulating effective pro-development national intellectual property policies
Carlos Correa	209	(10)
Regional Initiatives
23 Implementing the TRIPS Agreement in Africa
Francis Mangeni	219	(13)
24 The African Union Model Law for the Protection of the Rights of Local Communities Farmers and Breeders and the Regulation of Access to Biological Resources
Johnson A Ekpere	232	(6)
25 The Andean Community regimes on access to genetic resources, intellectual property and indigenous peoples' knowledge
Manuel Ruiz	238	(8)
26 The Central American Regional Protocol on Access to Genetic and Biochemical Resources
Jorge Cabrera Medaglia	246	(9)
National Legislative Reforms
27 The Indian experience in the field of IPRs, access to biological resources and benefit sharing
Atul Kaushik	255	(9)
28 Intellectual property rights and biological resources: current policy and legislative developments in South Africa
Rosemary A Wolson	264	(13)
29 Towards TRIPS compliance: Kenya's legislative reforms
James Otieno-Odek	277	(8)
30 The Peruvian Law on Protection of the Collective Knowledge of Indigenous Peoples Related to Biological Resources
Begoña Venero	285	(8)
Annex 1 Agreement on Trade-related Aspects of Intellectual Property Rights (Extracts)	293	(16)
Annex 2 The Convention on Biological Diversity (Extracts)	309	(12)
Annex 3 International Treaty on Plant Genetic Resources for Food and Agriculture (Extracts)	321	(18)
Annex 4 Participants at the Regional Multi-stakeholder Dialogues on IPRs and Sustainable Development	339	(9)
Index	348