IP and sustainable development: development agendas in a changing world

Recent developments as a result of the TRIPS agreement and free trade agreements have made developing countries more mindful of the importance of Iintellectual property (IP) regimes and their implications for development. This information note summarises the main findings of a book about intellectual property and sustainable development, reviewing an array of perspectives on the current state and future of IP.

The document demonstrates that:

• IP policy could contribute to development if properly formulated to respond to national needs and stages of development
• namely, it can promote innovation and creativity, and contribute to the integration of developing countries in the multilateral trading system
• however, one single IP model does not respond to the development concerns of low- and middle-income countries

The authors deem that countries have considerable space for the development of unique laws, subject to the obligations imposed by international agreements.

Recommendations are that:

• the TRIPS Agreement, its evolution and jurisprudence should continue to recognise existing flexibilities and the need for their adaptation to national conditions
• developing countries should not be forced to forgo stages of development by adopting inappropriately high standards of protection not commensurate with their level of development
• there is a need for Arab countries in particular to adopt a more development-oriented perspective on IP protection
• South-African Customs Union countries should be asked to strengthen the enforcement of criminal sanctions for certain copyright violations, even as they constitute an access mechanism in a “poor environment”
• regarding patent protection of plant varieties, there is clear scope for countries in Asia to adapt or innovate towards laws that are more suitable for their farmer and community needs
• in a biologically rich region like central America, innovation could be increasingly linked to the intelligent use of biodiversity, but a number of national industrial property legislative provisions will have to be modified