Negotiating Trade, Innovation and Intellectual Property: Lessons from the CARIFORUM EPA Experience from a Negotiator’s Perspective

UNCTAD - ICTSD Policy Brief No. 4 By Malcolm Spence Senior Coordinator, Caribbean Regional Negotiating Machinery

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Negotiating Trade, Innovation and Intellectual Property: Lessons from the CARIFORUM EPA Experience from a Negotiator’s Perspective PDF • 2.32 MB

Negotiating intellectual property (IP) provisions in bilateral and regional free trade agreements (FTAS) with developed countries raises many challenges for developing countries. Such provisions often go beyond existing multilateral standards and have implications for public policy objectives in areas such as public health, biodiversity and access to knowledge. Developing countries are also confronted with the challenge of articulating a positive agenda to advance their own priorities and interests in the negotiations.

In this context, the Policy Brief, Negotiation Trade, Innovation and Intellectual Property: Lessons from the CARIFORUM EPA Experience from a Negotiator’s Perspective, by Malcolm Spence - Senior Coordinator, Caribbean Regional Negotiating Machinery- provides a background on the negotiations between CARIFORUM States and the European Commission (EC) on innovation and intellectual property rights (IPRs) in the framework of their recently concluded Economic Partnership Agreement (EPA). It analyses the main provisions reached and points to some lessons learned which could be of relevance for other sub-regions negotiating an EPA with the European Union (EU).

In particular, the inclusion of a specific section on “Innovation” within a chapter on “Innovation and Intellectual Property” is a distinctive feature of the agreement sought by CARIFORUM, which it believes represents “a small but important step in changing the paradigm in which the subject of IP is dealt with in trade negotiations.”

The author shows how the EPA negotiations provided an opportunity for CARIFORUM States to encourage partnerships with the European Union (EU) that could give momentum to the development of national and regional innovation systems.

In the section on IPRs, references are made to the development priorities of CARIFORUM States and their levels of development, reflecting the need for achieving an appropriate balance between the scope of IP protection and the level of development of the region.

This Policy Brief was commissioned under the UNCTAD - ICTSD Programme on IPRs and Sustainable Development. It is also available at http://www.iprsonline.org/