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Trading in Knowledge

Book Description

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 perspectives from 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

  1. Front Cover
  2. Title Page
  3. Copyright
  4. Contents
  5. List of Tables and Boxes
  6. List of Contributors
  7. Foreword
  8. Acknowledgements
  9. List of Acronyms and Abbreviations
  10. 1 Introduction
  11. Part One – The International Architecture
    1. TRIPS and Development
      1. 2 Origins and history of the TRIPS negotiations
      2. 3 The future of IPRs in the multilateral trading system
      3. 4 The political economy of the TRIPS Agreement: lessons from Asian countries
      4. 5 Integrating IPR policies in development strategies
    2. TRIPS and the International System on Genetic Resources
      1. 6 TRIPS and the FAO International Treaty on Plant Genetic Resources
      2. 7 The Convention on Biological Diversity and the TRIPS Agreement: compatibility or conflict?
    3. The WIPO Agenda
      1. 8 New treaty development and harmonization of intellectual property law
  12. Part Two – Policy And Systemic Issues
    1. Plant Variety Protection and Patents on Life Forms
      1. 9 Article 27.3(b) of the TRIPS Agreement: the review process and developments at national and regional levels
      2. 10 The Revised Bangui Agreement and plant variety protection in OAPI countries
      3. 11 The world of biotechnology patents
      4. 12 The implications of intellectual property for agricultural research and seed production in West and Central Africa
    2. TRIPS and Public Health
      1. 13 Access to medicines and public policy safeguards under TRIPS
      2. 14 Intellectual property rights and public health in the Revised Bangui Agreement
      3. 15 The TRIPS Agreement and generic production of HIV/AIDS Drugs
    3. IPRs and the Protection of Traditional Knowledge
      1. 16 International legal protection for genetic resources, traditional knowledge and folklore: challenges for the intellectual property system
      2. 17 Indigenous knowledge and its protection in India
      3. 18 Access to genetic resources and protection of traditional knowledge in indigenous territories
      4. 19 Traditional knowledge and the biotrade: the Colombian experience
      5. 20 Documentation of traditional knowledge: People's Biodiversity Registers
      6. 21 Requiring the disclosure of the origin of genetic resources and traditional knowledge: the current debate and possible legal alternatives
  13. Part Three – Implementing The Trips Agreement
    1. 22 Formulating effective pro-development national intellectual property policies
    2. Regional Initiatives
      1. 23 Implementing the TRIPS Agreement in Africa
      2. 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
      3. 25 The Andean Community regimes on access to genetic resources, intellectual property and indigenous peoples’ knowledge
    3. National Legislative Reforms
      1. 27 The Indian experience in the field of IPRs, access to biological resources and benefit sharing
      2. 28 Intellectual property rights and biological resources: current policy and legislative developments in South Africa
      3. 29 Towards TRIPS compliance: Kenya's legislative reforms
      4. 30 The Peruvian Law on Protection of the Collective Knowledge of Indigenous Peoples Related to Biological Resources
  14. Annex 1 Agreement on Trade-related Aspects of Intellectual Property Rights (Extracts)
  15. Annex 2 The Convention on Biological Diversity (Extracts)
  16. Annex 3 International Treaty on Plant Genetic Resources for Food and Agriculture (Extracts)
  17. Annex 4 Participants at the Regional Multi-stakeholder Dialogues on IPRs and Sustainable Development
  18. Index