The WIPO Development Agenda

Abstract

Abstract After reviewing the scope and intentions of the proposed WIPO development agenda, this chapter poses two general questions that might give observers pause about its ultimate implications, if adopted. The first is whether it is sensible for many developing countries, from the standpoint of ensuring access to international technology transfer, to resort to extensive use of such so-called “TRIPS flexibilities” as limitations on patent eligibility, compulsory licensing, working requirements, and unimpeded parallel imports. These policies may be effective components of domestic industrial policy in some development contexts. However, the nature of contemporary technology transfer and integrated production networks means that such limitations on intellectual property protection can reduce the attractiveness of local economies to the activity of international firms. Second, if the development agenda were to insist on significant derogations of IPR rules from TRIPS standards, the developed countries would expect some compensation in other forms of protection, such as harmonization of patent examination procedures and significant investments in IPR enforcement.

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