Intellectual property rights legal and economic challenges for development 1st Edition by Mario Cimoli, Giovanni Dosi, Keith E. Maskus, Ruth L. Okediji, Jerome H. Reichman – Ebook PDF Instant Download/Delivery: 0191636525, 978-0191636523
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ISBN 10: 0191636525
ISBN 13: 978-0191636523
Author: Mario Cimoli, Giovanni Dosi, Keith E. Maskus, Ruth L. Okediji, Jerome H. Reichman
In recent years, Intellectual Property Rights – both in the form of patents and copyrights – have expanded in their coverage, the breadth and depth of protection, and the tightness of their enforcement. Moreover, for the first time in history, the IPR regime has become increasingly uniform at international level by means of the TRIPS agreement, irrespectively of the degrees of development of the various countries.
This volume, first, addresses from different angles the effects of IPR on the processes of innovation and innovation diffusion in general, and with respect to developing countries in particular. Contrary to a widespread view, there is very little evidence that the rates of innovation increase with the tightness of IPR even in developed countries. Conversely, in many circumstances, tight IPR represents an obstacle to imitation and innovation diffusion in developing countries.
What can policies do then? This is the second major theme of the book which offers several detailed discussions of possible policy measures even within the current TRIPS regime – including the exploitation of the waivers to IPR enforcement that it contains, various forms of development of ‘technological commons’, and non-patent rewards to innovators, such as prizes. Some drawbacks of the regimes, however, are unavoidable: hence the advocacy in many contributions to the book of deep reforms of the system in both developed and developing countries, including the non-patentability of scientific discoveries, the reduction of the depth and breadth of IPR patents, and the variability of the degrees of IPR protection according to the levels of a country’s development.
Intellectual property rights legal and economic challenges for development 1st Table of contents:
Part I: Intellectual Property Rights (IPR), Innovation, and Development
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The Role of IPR in the Development Process
- Theoretical foundations of IPR and innovation
- Challenges like patent thickets and distortions in R&D allocation
- Historical and contemporary skepticism about patents
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Innovation, Technical Change, and Patents in Development
- Historical and current perspectives on patents
- TRIPS agreements and their implications
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Lessons from Economics on International Patent Harmonization
- Impact of patent policies on innovation and welfare
- IPR in trade, foreign direct investment (FDI), and economic growth
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Developing Countries and Twenty-First Century IPR
- Role of emerging markets like BRIC countries
- Counter-harmonization initiatives and TRIPS flexibilities
Part II: Knowledge Appropriation and Development
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Ethical Incentives for Innovation
- Motivations for scientific research and funding
- Balancing public good and moral rights in innovation
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Bayh-Dole Act and Lessons for Developing Countries
- Benefits and safeguards for equitable commercialization
Part III: IPR in Public Health, Agriculture, and Green Technology
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IPR and the Pharmaceutical Industry
- Post-TRIPS challenges, North/South conflicts, and case studies (e.g., Brazil and Thailand)
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Agricultural Innovation and Productivity
- Historical trends in crop innovation and plant variety protection
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Distributive Impact of IP Regimes in Agriculture
- Analysis of growth, diffusion, and convergence in agricultural innovation
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Global Efforts in Crop Genetic Resource Conservation
- Legal changes and international agreements supporting innovation
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Open Source and Emerging Markets
- Ex ante and ex post approaches to intellectual property in biotechnology
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Strategies for Green Innovation
- Alternatives to patents, such as technology pools and international R&D agreements
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Technology Transfer and Environmentally Sound Technologies (ESTs)
- Challenges in global IP systems for clean technologies
Part IV: Governance and Policymaking Challenges
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Multilateral Agreements and TRIPS Flexibilities
- Exceptions and licenses under TRIPS for sustainable development
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Preferential Trade Agreements and IPR
- Controversial issues in IP laws affecting access to medicines and trade
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Industrial Policy and IPR
- A knowledge governance approach balancing TRIPS with industrial needs
Part V: Conclusions and Recommendations
- Reforming IPR for Developing Countries
- Proposals include promoting open science, redefining genetic resource boundaries, and rebalancing public and for-profit medical research.
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