Intellectual Property, Trade and Development: Strategies to Optimize Economic Development in a TRIPS Plus Era

There is a fast-growing need in many countries, in particular in the developing world, to come to a greater understanding of the links between intellectual property, trade rules and economic and social development and to find new ways of implementing intellectual property rules and optimizing their effects. This book provides a comprehensive analysis of the latest legal, economic, political and social research and advanced current thinking on the relationship between intellectual property and trade and development. The first part of the book will cover the theoretical basis of the connections between intellectual property, trade and development. It will then go on to provide the reader with options as to how intellectual property rules can be incorporated in the local legal framework and how the positive impact of intellectual property standards can be maximized while minimizing welfare costs. This will include implementation strategies for TRIPS and TRIPS Plus norms, and also the use of measures outside the traditional scope of intellectual property norms. These measures will range from education to the establishment or enhancement of a solid industrial and research base, to fighting pandemics such as HIV/AIDS. Possible economic strategies and proposals are also offered on the protection of traditional knowledge and indigenous resources.

Table of Contents:
PART I: INTELLECTUAL PROPERTY & DEVELOPMENT: THE GLOBAL LINKAGES ; 1. TRIPS and Development ; 2. The International Intellectual Property System: Treaties, Norms, National Courts, and Private Ordering ; 3. Economic Growth and Intellectual Property Rights Protection: A Reassessment of the Conventional Wisdom ; 4. Intellectual Property Treaties and Development ; PART II: INTELLECTUAL PROPERTY & DEVELOPMENT: THE REGIONAL LINKAGES ; 5. Intellectual Property, Economic Development and the China Puzzle ; 6. TRIPS and TRIPS Plus Protection and Impacts in Latin America ; 7. TRIPS and TRIPS Plus Impacts in Africa ; 8. Trademark Policy: The Case of Arab Countries ; 9. Intellectual Property, Trade & Development: A View from the United States ; PART III: OPTIMIZING DEVELOPMENT WITHIN AND OUTSIDE INTELLECTUAL PROPERTY NORMS ; 10. The Limits of Development Strategies at the Intersection of Intellectual Property and Human Rights ; 11. A Networked Responsive Regulatory Approach to Protecting Traditional Knowledge ; 12. Intellectual Property Intersections with Trade and Labour Rules: Rethinking Domestic and International Strategies to Promote Biodiversity following the 'NAFTA Corn' Example ; 13. Harmonization Without Consensus: Critical Reflections on Drafting a Substantive Patent Law Treaty ; 14. Substantial Equality in International Intellectual Property Norm Setting and Interpretation ; 15. TRIPS: an Implementation Toolbox

About the Author :
Daniel Gervais is Vice-Dean of Research, and Osler Professor of Intellectual Property and Technology Law at the University of Ottawa in Canada. He specialises on the study of intellectual property in the context of trade law, in particular the WTO Agreement on Trade in Intellectual Property Rights (TRIPS).