英语论文网

patent and utilize the traditional knowledge and local genetic resources (plants, medicines, etc) of poor communities worldwide. However, instead of attaching this knowledge for the benefit of all, companies are using it for their own profit.

Claiming private property rights on plants, processes and knowledge developed over centuries by generations of farmers or traditional healers, raises serious questions about the application of the concept of 'prior art' in international patent regimes. Indeed, such behaviour can be viewed as a form of intellectual property theft.

Possible development Considerations

National Implementation

National implementation of the TRIPs Agreement provision period which is actually 5 years could be extended so as to allow the developing countries to negotiate for the technical and financial support that are required for this purpose.

Establishment of working groups

The establishment of working groups under the WTO would help the developing countries to address their issues and difficulties. For example: One of the working groups that have been proposed would be concerning technological transfer (Juma, 1999). These would help them have greater insights about how they could benefit from the advances in technology and this might represent a stepping stone towards a higher degree of industrialization. These working groups however would be in the form of multilateral agreement that might not necessarily resolve the technology transfer issues.

The developing countries could also corporate with bigger nation for specific areas so that mutual benefits could be yielded. However, such bilateral agreement would undoubtedly only address the more developed countries.

Compulsory Licensing

Compulsory licensing is another issue where development could be brought about. Those licenses allow the production and use if technology anywhere without the permission of the patent holder. However, the developing nations may not have the requisite competences to use theses patented technology. Providing these nations with only the technology might be of no use unless they are being given support about how to use the licenses as a viable policy for policy instrument which deals with public interest issues.

Transfer of public domain technology

Transfer of public domain technology from developed countries to developing countries could also be another avenue foe development. The developing countries might not have the capacity and knowledge to develop/use state-of-art technologies. The public domain technology might solve the problem in public interest issues in areas such as health, agriculture, energy and environment. For that, to be possible, there should be additional institutional agreement that would enable and encourage the sharing of these technologies to developing countries.

The high costs and dubious benefits of implementing TRIPs

The net financial effect on less-developed nations from applying and protecting IPR is not apparent. Some have argued that increasing IPR protection will improve economic growth and welfare in less-developed nations, and others claim it will be of no help or even a detriment, thereby decreasing overall welfare. (NERA Economic Consulting, 2002)

World Bank economists have pointed out that the costs