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keys to their further dominance in the international markets.

Overview of key issues raised by developing countries for the implementation of the TRIPs Agreement

The emerging issues that were raised by the developing nations pertaining to the implementation of the TRIPs Agreement are as follows:

National Implementation of the TRIPs agreement

Technological Development

Plant Variety Protection

Geographical Indications

Biological Diversity and Indigenous Knowledge

National Implementation of the TRIPs Agreement

According to the Agreement, developing countries have 5 years to comply fully with its provision. However 5 years is considered as far too less for a full implementation, as this would require much pre requisites for the countries to abide to. Moreover, the implementation of the agreement would be largely based on the technical and financial supports that are available to them. Depending on the type of relationship that the developing nations have with the developed ones, these supports would or would not be available to them. Article 67 of the TRIPs Agreement states that “developed countries Members shall provide, on request and on mutually agreed terms and conditions, technical and financial cooperation in the favor of the developing and least developed countries Members.”(WTO 1999)

“International institutions such as the World Bank may play an important role in enhancing the capacity of developing countries to take advantage of innovative activity in the industrialized countries, as well as promoting local innovation. (…) They may create training programs for technical administrative personnel and judges, they may facilitate improvements in educational institutions that encourage innovative activity and they may take a lead role in advanced research on the role of IPRs in international economic developed.” (Braga, C.A.P and Fink, C., 1997)

Technological development

Technological progress is the improvements in the techniques by which goods and services are created, marketed, and passed to market and is at the basis of human development. At the nationwide, technological progress can arise from invention and innovation; through the implementation and alteration of existing technologies; and through disperse of technologies across companies, people and the public sector within a country. For developing countries, the major of technological advancement takes place through the latter two means. (Global Economic Prospect 2008)

Technological development is one of the major issues that concern the developing countries because it is this that should provide them the means to rapidly move towards industrialization. To this effect, the TRIPs Agreement includes Article 27 which is on Patentable Subject Matter states that “patent shall be available and patent rights should be enjoyable without discrimination as to the place of invention, the field of technology and whether products are imported or locally produced” (WTO 1999). This section would allow other technological fields to be included in the agreement, for example, pharmaceutical products. This would enable the developing countries to use the advances in technology for their country’s public interest and social welfare.

However, in 1997, a heated discussion occurred between Indi