1st NUSRL IPR Essay Writing Competition’12
increased protection of knowledge linked to genetic resources from plants, animals and micro-organisms. Bilateral agreements encourage countries to join the International Union for the Protection of New Varieties (UPOV) Convention. The UPOV Convention, formed in 1961, acknowledges breeders of new plant varieties through uniform and clearly defined principles for exclusive property rights, based on criteria that the variety is distinctive, uniform, stable and novel.33 33 Commission on Intellectual Property Rights, 2002.
34 The Light Years project and in a recent World Bank report (Barconcelli et al., 2004). Geographical Indications are a second measure used to protect diversity in access and benefit-sharing in developing countries. With GIs, this is achieved by making provision for a price premium for the goods produced in a specific locality. Producers in developing countries have begun to use certification marks to develop brands and protection for their products, such as Jamaican Blue Mountain coffee or Juan Valdez and Café de Colombia. In addition, as evident in, rural communities34 in developing countries have developed quality brands through interactions between local know-how and particular environmental conditions. CONCLUSION
The essay emphasises on the effect of IPRs in developing countries in the context of the WTO TRIPS Agreement and the development of TRIPS-plus standards. TRIPS encouraged the international harmonisation of IPR regimes by providing a minimum standard of protection for IP, and a dispute resolution system for entities to challenge breaches of these standards. Since the establishment of TRIPS, there has been an increase in the number of new deals formed through bilateral and regional free trade agreements to strengthen these minimum standards of protection, the so-called TRIPS-plus standards. After discussing the impact of strengthening IPRs in developing countries in five main areas – FDI, trade, innovation, public health, and genetic resources and traditional knowledge, the paper concludes the following things: 1. Strengthening IPRs can have positive effects on FDI. Strong rights can create ownership advantages that allow firms to invest abroad. They can also represent a location advantage, which can be used by developing countries to attract new cross-border investment. Moreover, stronger IPRs can provide incentives for multinationals to increase the quality of their investment dedicated to developing countries. ABSTRACT
This paper discusses the implications of intellectual property system in the scientifically capable developing countries. The debate concerning the economic implications of intellectual property rights (IPRs) has gained attention in the context of the World Trade Organization’s (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), and the subsequent increase of regional and bilateral free trade agreements in the TRIPS-plus era. TRIPS aim to narrow the gaps in the way that IPRs are protected around the world, and to bring them under common international rules. The rapid proliferation of regional and bilateral free trade agreements include elements of IPRs building on and raising minimum standards defined by TRIPS. These agreements indeed integrate TRIPS-plus norms, including undertakings by developing countries not to use specific TRIPS flexibilities. Developing countries are under increasing pressure to strengthen their national intellectual property (IP) regimes, in order to harmonise them with those of developed countries. The international protection of intellectual property has always been a contentious issue between developed and developing countries. Intellectual property rights have never been as much in the news as they are today. Several developmental issues like foreign direct investment, public health, agricultural biotechnology, traditional knowledge & folklore have attracted...
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