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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.

Selected Academic Publications on Intellectual Property

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

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

International Property Protection and Sustainable Development - Towards a Common African Institutional Framework and Strategy

Human Rights and Intellectual Property Rights: Need for a New Perspective

Food Security and Intellectual Property Rights in Developing Countries

Sécurité alimentaire et droits de propriété intellectuelle dans les pays en développement

Traditional Knowledge, Genetic Resources and Intellectual Propery Protection: Towards a New International Regime

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)