Global Intellectual Property Rights: Knowledge, Access and Development
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Intellectual property rights such as patents can reduce access to knowledge in genetics, health, agriculture, education and information technology, particularly for people in developing countries. Global Intellectual Property Rights shows how the new global rules of intellectual property have been the product of the strategic behaviour of multinationals, rather than democratic dialogue. The final section of the book suggests strategies aimed at developing more flexible standard for poor countries, and for keeping knowledge in the intellectual commons.
Blakeney, Alan Story, Gary Lea, Peter Drahos, Willem Pretorius, Martin Khor, Suman Sahai, Sol Picciotto, Ruth Mayne 2002 All rights reserved. No reproduction, copy or transmission of this publication may be made without written permission. No paragraph of this publication may be reproduced, copied or transmitted save with written permission or in accordance with the provisions of the Copyright, Designs and Patents Act 1988, or under the terms of any licence permitting limited copying issued by
owner, and could also eliminate the steps of negotiation normally required for commercial use, saving time and lowering barriers to entry, and probably increasing the number of generic competitors. This should be done right now for all HIV/AIDSrelated medicines in Africa, Romania, Thailand and other countries where AIDS drugs are protected by patent and the high price creates access barriers. Administrative processes As indicated above, TRIPS permits the use of administrative practices in all
for securing a sufficiency of supplies and services essential to the well-being of the community; for promoting the productivity of commerce and industry, including agriculture; generally for ensuring that the whole resources of the community are available for use and are used, in a manner best calculated to serve the interests of the community; for assisting the relief of suffering and the restoration and distribution of essential supplies and services in any country or territory other than the
Quad states. Then there were the meetings of the Friends of Intellectual Property Group in places such as Washington where the US circulated draft texts of a possible agreement. After the 168 Negotiating Intellectual Property Rights negotiations on the detail of TRIPS began in 1990, and especially after the breakdown of the Uruguay Round talks in Brussels over agriculture in 1991, further groups were created within the TRIPS negotiations to move the process towards a final deal, most notably
York: OUP, 2000), p. xxiii. 5. See Deepa Narayan et al., Voices of the Poor: Can Anyone Hear Us?, World Bank (New York: OUP, 2000), ch. 2. Peter Drahos 9 6. World Development Report 2000/2001: Attacking Poverty (OUP, New York, 2001), pp. 6–7. 7. Ibid., p. 188. 8. See, for example, K.E. Maskus, ‘Intellectual Property Rights and Economic Development’ (2000) Case Western Journal of International Law, vol. 32, pp. 471, 493. 9. World Development Report 2000/2001: Attacking Poverty (New York: OUP,