Intellectual property rights and the Third World

Abstract

Issues of generation, protection and exploitation of intellectual property (IP) are assuming increasing importance. The new IP regimes will have wide ranging socio-economic, technological and political impact. As per the obligations under the Traderelated Aspects of Intellectual Property Systems (TRIPS), all the members of World Trade Organization (WTO) are supposed to implement national systems of intellectual property rights following an agreed set of minimum standards. However, there is an increasing feeling that harmonization is demanded from those that are not equal, either economically or institutionally. The major concerns of the Third World about such harmonization and the new challenge it faces in diverse areas of intellectual property protection are discussed and some suggestions about the way ahead are made. The discussion includes the need for a fair play in technology transfer, creation of 'favourable economics' of essential medicines from the point of view of the Third World, protection of traditional knowledge, etc. The creation of Traditional Knowledge Digital Library (an essentially Indian initiative) and linking it to the International Patent Classification System (IPC) through a Traditional Knowledge Resource Classification System is an important conceptual step forward. The possible models for material transfer and benefit sharing when products are created based on community knowledge are also discussed. Other discussions include the challenge of bridging the divide between the Third World and other developed nations, with special emphasis on intellectual property information sharing, capacity building with creation of appropriate physical and intellectual infrastructure and awareness building. It is argued that the Third World should negotiate a new 'TRIPS plus' which means 'TRIPS plus equity and ethics'.