INTELLECTUAL PROPERTY
 
 
The strengthening of the intellectual property rights regime, in particular through the adoption of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is the subject of intense scrutiny and debates in most countries of the world. By providing for minimum levels of protection of intellectual property rights generally based on average OECD levels of protection, TRIPS constitutes a significant challenge to a number of developing countries which have to make significant changes to their legislations to be in compliance.

Some of the fiercest debates concern patents which provide a bundle of time-limited rights to inventors. Patents are deemed to provide necessary incentives for the development of private sector enterprises in areas where patents are granted.

Traditionally most countries have provided strict limitations on the scope of patentability. Patents were, for instance, not available for a 'discovery' (as opposed to an invention) and a number of countries provided restrictions on patentability in specific sectors such as pharmaceuticals. TRIPS now obliges countries to provide patents in all fields of technology. This implies, for instance, that health cannot be excluded from patentability. Furthermore, TRIPS imposes the protection of plant varieties and therefore brings the whole food sector within its purview. TRIPS also introduces with exceptions the patentability of life forms. TRIPS is thus fundamentally linked to the development of the biotechnology industry.

The following publications focus on the international and national legal regimes concerning intellectual property rights and patents in particular. They consider the impact of the strengthening of intellectual property standards on the management of natural resources (environment and intellectual property rights). They also examine the impacts of the introduction of intellectual property rights in agriculture in particular through patents and plant breeders' rights to foster the development agro-biotechnology. Further, they discuss a number of issues related to the protection of traditional knowledge, in particular concentrating on the ways in which traditional knowledge can be protected through existing intellectual property rights such as patents and indications of geographical indications and through sui generis intellectual property rights systems, including farmers' rights. Finally, several publications, in particular concerning India examine the impacts of the introduction and strengthening of medical patents in developing countries and the implications with respect to the fulfilment of basic health needs.
 
 
 

Books and Edited Books on Intellectual Property
 
Intellectual Property Protection and Sustainable Development
author(s): P. Cullet
date: 2005

abstract      
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Selected Academic Publications on Intellectual Property
 
Medical Patents and the Right to Health - From Monopoly Control to Open Access Innovation and Provision of Medicines

abstract      full text  235 [KB]
 
Genetic Use Restriction Technologies, Intellectual Property Rights and Sustainable Development in Eastern and Southern Africa

abstract      full text  667 [KB]
 
Farmers' Rights in India: Assessing Conceptual and Implementation Issues

abstract      full text  524 [KB]
 
Human Rights and Intellectual Property Protection in the TRIPS Era

abstract      full text  171 [KB]
 
The Current Law of Plant Genetic Resources and Traditional Knowledge

abstract      full text  297 [KB]
 
Intellectual Property Rights, Plant Genetic Resources and Traditional Knowledge

abstract      full text  255 [KB]
 
Flanking Policies in National and International Law

abstract      full text  244 [KB]
 
New Collective Policies

abstract      full text  231 [KB]
 
Monsanto v Schmeiser: A Landmark Decision concerning Farmer Liability and Transgenic Contamination

abstract      full text  170 [KB]
 
Seeds Regulation, Food Security and Sustainable Development

abstract      full text  52 [KB]
 
Intellectual Property Rights and Biodiversity Management: The Case of India

abstract      full text  162 [KB]
 
Intellectual Property Rights and Food Security in the South

abstract      full text  1881 [KB]
 
Community, Farmers' and Breeders' Rights in Africa: Towards a Legal Framework for Sui Generis Legislation

abstract      full text  419 [KB]
 
Patents and Medicines: The Relationship Between TRIPS and the Human Right to Health

abstract      full text  100 [KB]
 
Plant Variety Protection and Farmers' Rights - Towards a Broader Understanding

abstract      full text  334 [KB]
 
Amended Patents Act and Access to Medicines after Doha

abstract      full text  41 [KB]
 
Property Rights over Biological Resources - India's Proposed Legislative Framework

abstract      full text  1304 [KB]
 
Plant Variety Protection in Africa: Towards Compliance with the TRIPS Agreement

abstract      full text  162 [KB]
 
Property Rights Regimes over Biological Resources

abstract      full text  137 [KB]
 
Himayat At-tanawu Al-beaei Fi Afriqya Nahuw At-tawafuq Maa Etifaqyat At-TRIPS

abstract      full text  404 [KB]
 
Patents Bill, TRIPS and the Right to Health

abstract      full text  44 [KB]
 
Revision of the TRIPS Agreement Concerning the Protection of Plant Varieties: Lessons from India Concerning the Development of a Sui Generis System

abstract      full text  2534 [KB]
 
Patents and Development

abstract      full text  250 [KB]
 
 
 

Working Papers on Intellectual Property
 
Intellectual Property Protection in Africa: An Assessment of the Status of Laws, Research and Policy Analysis on Intellectual Property Rights in South Africa

abstract      full text  524 [KB]
 
Intellectual Property Protection in Africa: An Assessment of the Status of Laws, Research and Policy Analysis on Intellectual Property Rights in Kenya

abstract      full text  635 [KB]
 
International Property Protection and Sustainable Development - Towards a Common African Institutional Framework and Strategy

abstract      full text  450 [KB]
 
Human Rights and Intellectual Property Rights: Need for a New Perspective

abstract      full text  239 [KB]
 
Food Security and Intellectual Property Rights in Developing Countries

abstract      full text  652 [KB]
 
Sécurité alimentaire et droits de propriété intellectuelle dans les pays en développement

abstract      full text  192 [KB]
 
Traditional Knowledge, Genetic Resources and Intellectual Propery Protection: Towards a New International Regime

abstract      full text  317 [KB]
 
 
 

Other Contributions on Intellectual Property
 
The International Treaty on Plant Genetic Resources for Food and Agriculture (2003)
 
The International Union for the Protection of New Varieties of Plants (UPOV) (2003)
 
Plant Variety Protection: Patents, Plant Breeders' Rights & Sui Generis Systems (2003)
 
The Doha Declaration of the WTO and Access to Medicines (2002)
 
The Patents Amendment Act and Access to Medicines (2002)
 
Intellectual Property and Environment: Impacts of the TRIPS Agreement on Environmental Law Making in India (2002)
 
Access to Drugs and the Patents Bill (2001)
 
Farmers' Rights in Peril (2000)
 
For an Alternative Patents Regime (1999)
 
   
   
   
 
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