Intellectual Property and Sustainable Development
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Intellectual Property and Sustainable Development

Development Agendas in a Changing World

9781848446458 Edward Elgar Publishing
Edited by Ricardo Meléndez-Ortiz, Co-founder and Chief Executive and Pedro Roffe, Senior Fellow, International Centre for Trade and Sustainable Development (ICTSD), Switzerland
Publication Date: February 2010 ISBN: 978 1 84844 645 8 Extent: 496 pp
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.

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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.
Critical Acclaim
‘Intellectual Property and Sustainable Development is a 459-page compendium cooperatively compiled and edited book featuring informed and informative perspectives from an impressive roster of academicians and experts on a range of intellectual property issues from international case studies drawn from Africa, Asia, Central America, and the Middle East. Enhanced with an extensive bibliography and a comprehensive index, Intellectual Property and Sustainable Development is a seminal work that is especially recommended for academic, corporate, and governmental reference libraries in general, and the reading lists of policy-makers, trade negotiators, and intellectual property attorneys in particular.’
– Michael Dunford, The Midwest Book Review

‘This is a thought-provoking book with relevance to a broad readership, especially IP practitioners with a strong international focus.’
– Australian Intellectual Property Law Bulletin
Contributors
Contributors: A. Abdel Latif, T. Avafia, J. Berger, J. Cabrera, C.M. Correa, C. Deere, B. Dhar, C. Fink, K.M. Gopakumar, T. Hartzenberg, P. Jaszi, P. Kameri-Mbote, D. Kawooya, J. Kuanpoth, K.E. Maskus, R. Meléndez-Ortiz, S.F. Musungu, J. Otieno-Odek, A. Prabhala, D. Rangnekar, A. Rens, D. Robinson, P. Roffe, P.K. Yu
Contents
Contents:

Introduction

PART I: THE NEW IP LANDSCAPE

Section 1: A General Perspective

1. Rights in Basic Information
Peter Jaszi

Section 2: Taking up Reform

2. The Politics of Reform in Developing Countries
Carolyn Deere

3. Intellectual Property Reforms in China
Peter K. Yu

4. A Perspective on Reform in Arab Countries
Ahmed Abdel Latif

Section 3: Implications for Drug Pricing

5. A Review of the Economic Literature
Keith E. Maskus

PART II: POLICY CHALLENGES IN THE SOUTH

Section 1: The Pharmaceutical Sector

6. The Case of the Generic Industry in India
Biswajit Dhar and K.M. Gopakumar

7. TRIPS-Plus Policies and the Pharmaceutical Industry in Thailand
Jakkrit Kuanpoth

8. The Ability to Utilize TRIPS Flexibilities in Sub-Saharan African Countries
Tenu Avafia, Jonathan Berger and Trudi Hartzenberg

Section 2: The Protection of Life Forms and Traditional Knowledge

9. Genetic Use Restriction Technologies and Sustainable Development in Eastern and Southern Africa
Patricia Kameri-Mbote and James Otieno-Odek

10. Sui Generis Systems for Plant Variety Protection and Traditional Knowledge in Asia
Daniel Robinson

Section 3: Geographical Indications

11. Indications of Geographical Origin in Asia: Legal and Policy Issues to Resolve
Dwijen Rangnekar

Section 4: Access to Knowledge and the Role of Research Institutes

12. Education and Access to Knowledge in Southern Africa
Andrew Rens, Achal Prabhala and Dick Kawooya

13. Innovation and Public Research in Central American Countries
Jorge Cabrera

PART III: RESPONSES TO THE TRIPS-PLUS WORLD
14. Promoting Checks and Balances
Carsten Fink

15. A Model Law for the Protection of Undisclosed Data
Carlos M. Correa

16. Enforcement Provisions of EPAs
Sisule F. Musungu

Bibliography

Index
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