Intellectual Property and Sustainable Development: Development Agendas in a Changing World (Google eBook)

Front Cover
Ricardo Melťndez-Ortiz, Pedro Roffe
Edward Elgar Publishing, 2009 - Law - 459 pages
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‘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 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.
  

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Contents

1 Rights in basic information
5
SECTION 2 Taking up reform
19
2 The politics of reform in developing countries
21
3 Intellectual property reforms in China
37
4 A perspective on reform in Arab countries
51
SECTION 3 Implications for drug pricing
69
5 A review of the economic literature
71
PART II POLICY CHALLENGES IN THE SOUTH
93
10 Sui generis systems for plant variety protection and traditional knowledge in Asia
235
SECTION 3 Geographical indications
271
legal and policy issues to resolve
273
SECTION 4 Access to knowledge and the role of research institutes
301
12 Education and access to knowledge in southern Africa
303
13 Innovation and public research in Central American countries
341
PART III RESPONSES TO THE TRIPSPLUS WORLD
361
14 Promoting checks and balances
363

SECTION 1 The pharmaceutical sector
95
6 The case of the generic industry in India
97
7 TRIPSPlus policies and the pharmaceutical industry in Thailand
140
8 The ability to utilize TRIPS flexibilities in subSaharan African countries
175
Untitled
207
9 Genetic use restriction technologies and sustainable development in eastern and southern Africa
209
15 A model law for the protection of undisclosed data
370
16 Enforcement provisions of EPAs
390
Bibliography
405
Index
435
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