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The Development AgendaGlobal Intellectual Property and Developing Countries$
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Neil Weinstock Netanel

Print publication date: 2008

Print ISBN-13: 9780195342109

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780195342109.001.0001

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The WIPO Development Agenda

The WIPO Development Agenda

(p.163) 7 The WIPO Development Agenda
The Development Agenda

Keith E. Maskus

Oxford University Press

After reviewing the scope and intentions of the proposed WIPO development agenda, this chapter poses two general questions that might give observers pause about its ultimate implications, if adopted. The first is whether it is sensible for many developing countries, from the standpoint of ensuring access to international technology transfer, to resort to extensive use of such so-called “TRIPS flexibilities” as limitations on patent eligibility, compulsory licensing, working requirements, and unimpeded parallel imports. These policies may be effective components of domestic industrial policy in some development contexts. However, the nature of contemporary technology transfer and integrated production networks means that such limitations on intellectual property protection can reduce the attractiveness of local economies to the activity of international firms. Second, if the development agenda were to insist on significant derogations of IPR rules from TRIPS standards, the developed countries would expect some compensation in other forms of protection, such as harmonization of patent examination procedures and significant investments in IPR enforcement.

Keywords:   TRIPS, technology transfer, foreign direct investment, IPR enforcement

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