Technical Assistance for the Formulation and Implementation of Intellectual Property Policy in Developing Countries and Transition Economies
ICTSD Programme on IPRs and Sustainable Development Series • Issue Paper 11
This paper on technical assistance is a contribution of the ICTSD Programme on Intellectual Property Rights and Sustainable Development to the ongoing debate on the impact and relevance of intellectual property to development.
As developing countries continue to implement intellectual property-related treaties, such as the TRIPS Agreement, and participate in new negotiations at the multilateral, regional and bilateral levels, appropriate and effective technical assistance and capacity-building will be crucial if these countries are to use intellectual property (IP) tools effectively in the pursuit of their human and economic sustainable development goals. With a view to ensuring that the limited resources allocated to IP technical assistance effectively respond to the expectations of all members of society in developing countries, this study highlights the strengths and weaknesses of current programmes and explores ways to improve them from a sustainable development perspective. Surprisingly enough, very limited independent analytical work has been undertaken in this area and the literature is scarce. The overall objective of this paper is to contribute to a constructive, informed and evidence-based debate on the policies and procedures used by some of the main donor institutions and providers in the design, financing, delivery and evaluation of IP-related technical assistance to developing countries and transition economies.
Intellectual property rights (IPRs) have never been more economically and politically important or controversial than they are today. Patents, copyrights, trademarks, industrial designs, integrated circuits and geographical indications are frequently mentioned in discussions and debates on such diverse topics as public health, food security, education, trade, industrial policy, traditional knowledge, biodiversity, biotechnology, the Internet, and the entertainment and media industries. In a knowledge-based economy, there is no doubt that a better understanding of IPRs is indispensable to informed policy-making in all areas of human development.
Empirical evidence on the role of IP protection in promoting innovation and growth in general remains limited and inconclusive. Conflicting views also persist on the impacts of IPRs on development. Some point out that, in a modern economy, the minimum standards laid down in TRIPS will bring benefits to developing countries by creating incentives for knowledge generation and diffusion, technology transfer and private investment flows. Others stress that intellectual property and more particularly some of its elements, such as the patent regime, will adversely affect the pursuit of sustainable development strategies by raising the prices of essential drugs to levels that are too high for the poor to afford; limiting the availability of educational materials for developing country students; legitimising the piracy of traditional knowledge; and undermining the self-reliance of resource-poor farmers. It is urgent, therefore, to examine how developing countries could use IP tools to advance their development strategies. What are the key IPR issues of concern to them? What specific difficulties do they face in intellectual property negotiations? Is intellectual property directly relevant to sustainable development and to the achievement of agreed international development goals? Do developing countries — and particularly the least-developed among them — have the capacity to formulate their negotiating positions and become well-informed negotiating partners? These are essential questions that policy-makers need to address in order to design IPR laws and policies that best meet the needs of their people and to negotiate future agreements effectively.
It is to address some of these questions that the ICTSD Programme on Intellectual Property and Sustainable Development was launched in July 2000. One central objective has been to facilitate the emergence of a critical mass of well-informed stakeholders in developing countries — including decision makers, negotiators but also the private sector and civil society — who will be able to define their own sustainable human development objectives in the field of IPRs and effectively advance them at the national and international levels.
We hope you will find this study a useful contribution to the debate on IP and sustainable development and particularly on the design, delivery and evaluation of IP-related technical assistance to developing countries and transition economies.