Tuesday, 17 June 2014
6 Academic Articles on Changing TRIPS and the Global IP System
These articles were found by a brief internet search on the topic of how to change the global IP system. Although this was not our original intention they are focused more on developing world issues. We were surprised by how few recent academic articles are available on the internet about how the global IP system should develop. In addition, whilst several articles discuss the need for change and the mechanisms that could be used to achieve it, the specific changes that are required do not seem be discussed. We have purposely avoided articles which delve deeply into areas which might be considered controversial or political. We have not included articles on IP and access to medicines. That issue was considered in our post on the IPKat blog (see here).
1. ‘Designing a Global Intellectual Property System Responsive to Change: The WTO, WIPO and Beyond’ by Dinwoodie and Dreyfuss (see here)
This starts from the point that the TRIPS regime is in trouble with lawmaking at the WTO having stalled though there is a need to continue to recalibrate the rules. It notes that TRIPS has failed to deliver on its promise of technology transfer. It explores ways of reviving lawmaking in the global IP system, suggesting using WIPO as a ways of achieving this.
2. ‘A Neofederalist Vision of TRIPS: The Resilience of the International Intellectual Property Regime’ by Dinwoodie and Dreyfuss (see chapters 6 and 7 here)
This discusses what sort of an IP system TRIPS should seek to create, and to what extent it imposes rigid obligations which are in conflict with public interest concerns.
3. ‘The Architecture of the International Intellectual Property System’ by Dinwoodie (see here)
This article is quite old now, but gives a readable summary of the components of the global IP system.
4. ‘Moving Towards a Sustainable Future: Replacing Trips With A New International Regime For Intellectual Property And Sustainable Energy Technology Transfer’ by Pradhan (see here).
This focuses on the issue of climate change to argue that the present TRIPS based system is insufficient to provide tech transfer to the developing world.
5. ‘Technology Transfer in the TRIPS Age: The Need for New Types of Partnerships between the Least Developed and Most Advanced Economies’ by Foray (see here)
This is a study finding that the usual economic incentives (i.e. profit) are insufficient to lead to tech transfer to less developed economies. That means other models, such as a public-private partnerships, are needed.
6. ‘Top 10 Innovative Policy Measures to Promote Intellectual Property Creation and its Commercialization’ by the World Economic Forum (see here)
This is not really an article, but we’ve included it to show the sort of documents that are out there. This is from a more ‘business friendly’ approach.
You may also wish to see related articles 10 Points on Patents and Tech Transfer and 10 Points on the Max Planck Institute’s Declaration on Patent Protection.