Roffe, Pedro --- "Intellectual Property, Development Concerns and Developing Countries" [2010] ELECD 638; in Faundez, Julio; Tan, Celine (eds), "International Economic Law, Globalization and Developing Countries" (Edward Elgar Publishing, 2010)

Book Title: International Economic Law, Globalization and Developing Countries

Editor(s): Faundez, Julio; Tan, Celine

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781848441132

Section: Chapter 14

Section Title: Intellectual Property, Development Concerns and Developing Countries

Author(s): Roffe, Pedro

Number of pages: 24

Extract:

14. Intellectual property, development
concerns and developing countries
Pedro Roffe*

1. INTRODUCTION

Intellectual property (IP) has increasingly become more globalized and
economically and politically important, but it remains complex, contro-
versial and divisive. IP emerges often and prominently in discussions on
trade, innovation, transfer of technology, public health, food security,
education, climate change, biodiversity, the Internet or the entertain-
ment industry. Its role and complexities in the context of less developed
economies have not been unambiguous. Some argue that a strong system
of protection is a prerequisite for economic and cultural development.1
Others blame the system for all possible sins, including making access to
public goods (such as health, education, food) difficult and highly unaf-
fordable for poor countries. Some even contend that the system is an
expression of `legislative colonisation' imposed by rich countries on poor
ones (Stallman, 2009).
Intellectual property laws established primarily in Europe and in the
United States spread to almost all developing countries, particularly
former colonies and new, independent states. However, not many devel-
oping countries have had much direct experience with IP instruments and
policy, even in cases where such legal systems have existed for many years.


* Senior Fellow, Intellectual Property Programme, ICTSD, Geneva. The
chapter draws on recent work and publications by the author, as duly noted. The
author is grateful for comments and insights provided by Xavier Seuba, Christoph
Spennemann and David Vivas on an earlier version but he is solely responsible for
its content.
1 `IP is a "power tool" ...