The Commission for Intellectual Property Rights was established by the British government in May 2001. Made up of members from different countries, backgrounds and perspectives, its tasks were to consider how national IPR regimes could best be designed to benefit developing countries within the context of international agreements, including TRIPS; how the international framework of rules and agreements might be improved and developed; the relationship between IPR rules and regimes covering access to genetic resources, and; the broader policy framework needed to complement intellectual policy regimes, including controlling anti-competitive practices through competition policy and law. The Commission's aim was to suggest practical and balanced solutions, and provide a resource to those engaged in the debate on how intellectual property rights might better serve to promote development and reduce poverty.
The Publication Entitled Compendium On Laws And Policies On Ipt For Nam And Other Developing Countries Brought Out By The Centre For Science & Technology Of The Non-Aligned And Other Developing Countries (Nam S&T Centre) Is Largely Based On The Presentations Made During And International Conference On Implications Of New Ipr Regime Under The Trips For Developing Countries Held At New Delhi, India During May 1999. Intellectual Property Rights (Ipr) Is The Protection Of Research Results In A Knowledge-Based Industry Prior To Its Public Distribution. The Extent Of Protection And Enforcement Of These Rights Vary Widely Around The Developing Countries. It Is Extremely Difficult To Generalize The Implications Of The Trips Agreement In These Countries Because Such Implications Vary With Differences Existing Between The Ipr Laws Of A Particular Country And The Standards Of The Agreement, The Extent Of Development In Different Sectors, The Per Capita Income, And The Structure Of The Supply. These Differences Become A Source Of Tension In International Trade And Economic Relations. The New Internationally Agreed Ipr Regimes Under Trips (Trade-Related Aspects Of Ipr) Provide A Way To Introduce More Order And Predictability In Trade And For Disputes To Be Settled More Systematically. The Volume Contains Contributions From Renowned Experts From Various Developing Countries. It Illustrates Will The Relevant Laws And Policies Existing In The Participant Countries, Including Bangladesh, Camernoon, Chile, Egypt, India, Indonesia, Kyrgyzstan, Lebanon, Malawi, Malaysia, Mongolia, Nepal, Pakistan, Saint Lucia, Tanzania, Trinidad & Tobago, Ukraine, Zambia And Zimbabwe. The Book Would Be Useful To Ipr Professionals And S&T Persons As A Reference Material On Various Ipr Related Issues With Particular Reference To The Developing Countries. Contents Chapter 1: Trade Related Intellectual Property Rights In Bangladesh By Khaliquzzaman; Chapter 2: Status Of Intellectual Property In Cameroon By Mbah David Akuro; Chapter 3: Status Of Intellectual Property In Chile By Eleazar Bravo; Chapter 4: Intellectual Property Rights And The Expected Changes In The Light Of The General Agreement On Tariffs And Trade (Gatt) And Status Report For The Egyptian Patent Office By Fattouh Abdel Gelil Hamed; Chapter 5: Intellectual Property Rights In Egypt By Mohamed Swellam; Chapter 6: Management Of Intellectual Property Rights In India By R Saha; Chapter 7: Kyrghyz Patent, State Agency On Science And Intellectual Property In Kyrghyzstan By Kyrgyz State Agency On Science And Intellectual Property; Chapter 8: Development Of The Intellectual Property Protection System In Lebanon By Souheir Nadde; Chapter 9: The Status Of Intellectual Property Rights (Iprs) And Trips And Related Problems For Malawi By Frade K Nyondo; Chapter 10: The Status Of Intellectual Property Rights In Malaysia By Heng Jee Heng; Chapter 11: Intellectual Property System Of Mongolia By Embassy Of Mongolia; Chapter 12: Intellectual Property Rights And Existing Legal Provision In Nepal By R M S Malla; Chapter 13: Intellectual Property Rights And Trade Related Intellectual Property Systems In Nepal By Fanindra Prasad Neupan; Chapter 14: Development And Present Status Of Copyright And Related Rights In Pakistan By Syed Ali Tallae; Chapter 15: Development Of The Intellectual Property Protection System In Pakistan By S T K Naim; Chapter 16: Intellectual Property Rights In Saint Lucia By Kimberly Cenac-Phulgence; Chapter 17: The Status On Intellectual Property Rights In Tanzania By Y M Kohi; Chapter 18: Intellectual Property Rights In Trinidad And Tobago By Richard Aching; Chapter 19: State Policy And Legislation On Intellectual Property In Ukraine By Constantine V Subbotin; Chapter 20: Zambian Report On The New Ipr Regime Under The Trips For Developing Countries By Joseph Simbaya; Chapter 21: The Current Status Of Intellectual Property Law And How They Relate To Trips And Other International Undertakings By J M Gopo.
Workshop 1: Technology, development and intellectual property rights (25 January 2002) -- Workshop 2: Pharmaceuticals and vaccines (20 November 2001) -- Workshop 3: Genetic resources, gene-based inventions and agriculture (19 November 2001) -- Workshop 4: Traditional knowledge (24 January 2002) -- Workshop 5: Copyright, software, and the Internet (21 January 2002) -- Workshop 8: Process and constitutional issues in international rule making on intellectual property (19 February 2002) -- Workshop 9: Institutional issues for developing countries in intellectual property policymaking, administration and enforcement (18 February 2002) -- Workshop 10: Research tools, public-private partnerships and gene patenting (22 January 2002).
Although it is common knowledge that the compliance of developing countries with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) has become a serious stumbling block in the WTO agenda, the underlying reasons why this is so have not been dispassionately analyzed until the appearance of this book. Here, for the first time, is a thorough and secure foundation on which international trade lawyers and business people can build a global intellectual property regime that is both productive and fair. The implementation of the TRIPS regime with its enormous effect on national and global strategies for healthcare, agriculture, and the environment, among other crucial sectors of the world economy is clearly among the most critical projects currently under way in the field of international relations. As a former TRIPS negotiator for India, Jayashree Watal brings great authority to her account of the benefits and pitfalls of TRIPS compliance for developing countries. She provides a detailed understanding of how TRIPS was negotiated at the Uruguay Round, how various countries have implemented it so far, and how the WTO monitors compliance. She reveals how the WTO dispute settlement process has worked to date in matters involving TRIPS, and how it is likely to deal with new issues that arise. Most importantly, she explains how developing countries can interpret TRIPS to their best advantage, and how to ensure that the `constructive ambiguity' that characterizes the agreement remains flexible.
