The sustainable development effects of the WTO TRIPS Agreement: a focus on developing countries

Examines the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and tries to analyse those areas in which the Agreement will impact, either positively or negatively, on sustainable development in developing countries such as Pakistan. While it contemplates a number of possible reforms, and suggests ways within the Agreement to interpret provisions to developing countries' advantage, it does not explore the option of outright renunciation of the Agreement, as advocated by some groups. Concludes that there are areas of concern for developing countries, but that IPR could be beneficial in terms of promoting sustainable development.<B>Policy recommendations (agriculture):</B>developing countries should, when so required by TRIPS at the end of the transition period, exclude plants from patenting, and set up instead sui generis systems tailored to their own needs (i.e., they should not accede to UPOV)such a patenting system should not be rushed into. On the contrary, it should be delayed as long as legally possible due to potential looming crisis in the patent systeman IP system protecting land races should be supplemented by a developing country government commitment to preserve these varieties, in recognition of the economic value they represent, e.g. changes to agricultural credit programs which are conditional on the growing of high-yielding modern varietiesthose countries which may have already signed the UPOV Act of 1991should exercise the option to grant farmers' privilegedeveloping countries should exercise the right under TRIPS to exclude animals from patent protection, given the dangers inherent in the release into the environment of GMOssimilarly, developing countries should, until adequate measures of precaution have been specified internationally, exclude the patenting of microorganisms on the grounds of protection of the environment or of ordre publicdeveloping countries should establish systems whereby public-spirited individuals or research institutes can make their innovations available to the public, while at the same time protecting them from those who would unscrupulously seek to patent them in other countries<B>Policy recommendations (manufacturing, and copyrighted goods):</B>in general, countries will need to assess their level of industrial development to determine whether strong patent protection is desirable or not. Those at higher levels of development may benefit from stronger patent law, which would foster increased domestic research and developmentif it is determined that a weak level of protection is desired for industrial patents, countries should take advantage of the opportunity offered by the TRIPS provisions on compulsory licensingGovernments should undertake to increase the domestic capacity to assimilate transferred technology, with the long-term goal of being ready to strengthen IPRs as a matter of national interest, e.g. measures to foster domestic research and development, training in negotiation and research for technology transfer, training in management and marketing skills