[A2k] New ICTSD Issue Paper: the Global Debate on the Enforcement of Intellectual Property Rights and Developing Countries

[Ahmed Abdel Latif]

This is a multi-part message in MIME format.
--
[ Picked text/plain from multipart/alternative ]
=0D
=0D
=0D
=0D
=0D
The Global Debate on the Enforcement of=0D
Intellectual Property Rights and Developing Countries.=0D
__=0D
=0D
ICTSD's Programme on Intellectual Property Rights and Sustainable Developme=
nt is pleased to announce the availability of issue paper 22: The Global De=
bate on the Enforcement of Intellectual Property Rights and Developing Coun=
tries.=0D
=0D
This new issue paper brings together two studies: The first by Carsten Fink=
 entitled Enforcing Intellectual Property Rights: An Economic Perspective a=
nd the second by Carlos Correa entitled The Push for Stronger IPRs Enforcem=
ent Rules: Implications for Developing Countries (http://ictsd.net/i/public=
ations/42762/ <http://cts.vresp.com/c/?ICTSD/e6871154c7/62890a0c44/feb3c39a=
4d> ).=0D
=0D
The enforcement of intellectual property rights (IPRs) has become a pressin=
g issue on the global trade and intellectual property agenda. A number of i=
nitiatives and developments in this area at the global, regional and bilate=
ral level carry wide reaching implications for the regulation of the knowle=
dge economy.=0D
=0D
In the first study, Carsten Fink provides a much needed economic perspectiv=
e on the enforcement of IPRs. Some of the key conclusions and recommendatio=
ns of the study are the following :=0D
=0D
*=09There is little empirical evidence that would shed light on the economi=
c impact of piracy and counterfeiting.=0D
*=09The appropriate allocation of resources for IPRs enforcement is a major=
 challenge for developing countries, where many public goods are underprovi=
ded and enforcement challenges exist in many areas of law.=0D
*=09Appropriate funding of competent government agencies in developing coun=
tries is necessary for IPRs enforcement;=0D
*=09Since developed country firms derive a direct benefit from stronger IPR=
s enforcement, it may indeed be in the interest of their governments to sub=
sidize IPRs enforcement activities in developing countries. It could also b=
e envisaged that enforcement costs be borne directly by private rights hold=
ers.=0D
*=09If weak IPRs enforcement in developing countries reflects fundamental i=
nstitutional deficiencies, it is not clear how far obligations in trade agr=
eements or technical assistance activities can at all remedy such deficienc=
ies.=0D
*=09External incentives-whether positive or negative-may well make a differ=
ence in containing counterfeiting and piracy activities and their internati=
onal proliferation. However, in many cases, sustained reductions in IPRs vi=
olations may invariably have to wait for broader institutional development=
=0D
=0D
In the second study, Carlos Correa addresses the push for stronger IPRs enf=
orcement rules and its implications for developing countries. Some of the k=
ey conclusions and recommendations of the study are the following:=0D
=0D
*=09A number of initiatives have been recently launched with the aim of str=
engthening IPRs enforcement rules beyond the requirements of the TRIPS Agre=
ement.=0D
*=09Although the TRIPS Agreement requires criminal sanctions only in cases =
of willful trademark counterfeiting or copyright piracy on a commercial sca=
le, the current enforcement drive aims at criminalizing other infringing ac=
ts, inclduding patent infringement.=0D
*=09Some developed countries and industry are actively seeking to induce ch=
anges in the regulation of border measures in developing countries, beyond =
what is required under the TRIPS Agreement. They aim, inter alia, at broade=
ning their scope and at reducing the requirements imposed on right holders =
to obtain such measures.=0D
*=09A major issue in the enforcement drive is the problem of counterfeit me=
dicines. The application of an IP approach to what is essentially a public =
health issue may lead to the adoption of an inadequate set of measures. The=
 appropriate design and implementation of drug regulations is the most crit=
ical element in combating counterfeit medicines.=0D
=0D
We hope that you will find this issue paper a useful contribution towards a=
 better understanding of the global debate on IPRs enforcement.=0D
=0D
This issue paper is the latest in a set of publications produced by ICTSD's=
 Programme on IPRs and Sustainable Development. One central objective of th=
e programme has been to facilitate the emergence of a critical mass of well=
-informed stakeholders in developing countries, including decision makers, =
negotiators as well as the private sector and civil society, who will be ab=
le to define their own sustainable human development objectives in the fiel=
d of IPRs and effectively advance them at the national and international le=
vels=0D
=0D
=0D
=0D
=0D
=0D
=0D
=0D
________________________________=0D
=0D
If you no longer wish to receive these emails, please reply to this message=
 with "Unsubscribe" in the subject line. Unsubscribe <http://cts.vresp.com/=
u?e6871154c7/62890a0c44/88a99c1>=0D
=0D
________________________________=0D
=0D
ICTSD=0D
ICTSD, MIE2=0D
7 Chemin de Balexert=0D
Geneva, Geneve 1219=0D
CH=0D
=0D
Read <http://www.verticalresponse.com/content/pm_policy.html>  the Vertical=
Response marketing policy.=0D
=0D
Non-Profits Email Free with VerticalResponse! <http://www.verticalresponse.=
com/landing/non-profits/?np/e6871154c7>=0D
=0D
 <http://cts.vresp.com/o.gif?e6871154c7/62890a0c44/88a99c1>=0D
=0D