Trade in services
Development and Intellectual Property under the EPA Negotiations
Negotiating Economic Partnership Agreements in the African Caribbean and Pacific countries
Authors:
; South Centre
Publisher:
South Centre, 2007
This policy brief reviews the ongoing Economic Partnership Agreement (EPA) negotiations. It focuses on some of the Trade-Related Aspect of Intellectual Property Rights (TRIPS) implications of EPAs and evaluates their possible contribution to the technological development of African Caribbean and Pacific (ACP) countries as well as the protection of genetic resources, traditional knowledge and public health.
The paper argues that EPA negotiations present challenges for the ACP countries if they result in an additional layer of intellectual property rights. ACP countries are encouraged to strategize on the type partnership they are interested in building with the EU with respect to innovation and technology development.
Considering the level of economic development in ACP countries, the paper recommends that the negotiations should not include intellectual property rights as part of the partnership agreement. Instead they should focus on industrial and technological development. The issues on EU policies that have impeded participation of the ACP countries in the value-chain of products, protection of biodiversity and traditional knowledge and the use of TRIPS flexibilities also need addressing. It is important for the ACP countries to address the EU polices that affect their interests, in particular those dealing with:
- genetic resources and traditional knowledge, as well as folklore
- public health and the implementation of various flexibilities under the TRIPS Agreement
- technology transfer and practices of European companies that may trap the economies of ACP countries on the lower rungs of the ladder of production
- innovation and access to knowledge issues.
