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Is The Strict Global Protection of Intellectual Property Unfair for Developing Countries?

Chen, Zhao (2006)
Department of Law
Abstract
Will developing countries benefit economically from strengthening their protection of intellectual property? They have been repeatedly urged to do so by developed nations. But so far there is little empirical experience of either quite successful or failed examples. What we could hear from the media seems that the international protection of IPRs is getting stricter and more codified, while the situations that the developing countries face are being more tough. It is arguable that these global regulation trends are more a political competition or diplomatic fighting than a law discussion. To answer the question that 'Is the global IPRs protection fair or unfair for developing countries?' I will divide the question in two aspects: (1) To... (More)
Will developing countries benefit economically from strengthening their protection of intellectual property? They have been repeatedly urged to do so by developed nations. But so far there is little empirical experience of either quite successful or failed examples. What we could hear from the media seems that the international protection of IPRs is getting stricter and more codified, while the situations that the developing countries face are being more tough. It is arguable that these global regulation trends are more a political competition or diplomatic fighting than a law discussion. To answer the question that 'Is the global IPRs protection fair or unfair for developing countries?' I will divide the question in two aspects: (1) To what extent can developing countries influence the outcomes in the international intellectual property standard-establishing process? Namely, are they playing important or appropriate role in the international forum and legislation? And, (2) The relationship between the IPRs and development. Development, either domestic or international, is a complicated issue. The leaders, especially those from developing countries, are always trying to find the ways to solve the sustainable development problems. To what extent can IPRs international protection benefit the national/international development? How important that IPRS issues will be to influence the development strategy? Is stricter protection of IPRs or more flexible and soft protection better for developing countries? If the developing countries join the international IPRs activities fairly, equally, and frequently, then in the first aspect we can say the global IPRs protection machine or mechanism is relatively fair. If the IPRs protection is fairly vital in the development process, and those weak protection in developing countries influence the worldwide economy and knowledge economy much, then we can conclude that IPRs is a key issue in development and stricter standard is necessary. However, what the real whole picture will be is open to discuss and explore. I will try to give a relatively complete analysis in these two issues. (Less)
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author
Chen, Zhao
supervisor
organization
year
type
H1 - Master's Degree (One Year)
subject
keywords
Human Rights Law and Intellectual Property Rights
language
English
id
1555034
date added to LUP
2010-03-08 15:22:52
date last changed
2010-03-08 15:22:52
@misc{1555034,
  abstract     = {Will developing countries benefit economically from strengthening their protection of intellectual property? They have been repeatedly urged to do so by developed nations. But so far there is little empirical experience of either quite successful or failed examples. What we could hear from the media seems that the international protection of IPRs is getting stricter and more codified, while the situations that the developing countries face are being more tough. It is arguable that these global regulation trends are more a political competition or diplomatic fighting than a law discussion. To answer the question that 'Is the global IPRs protection fair or unfair for developing countries?' I will divide the question in two aspects: (1) To what extent can developing countries influence the outcomes in the international intellectual property standard-establishing process? Namely, are they playing important or appropriate role in the international forum and legislation? And, (2) The relationship between the IPRs and development. Development, either domestic or international, is a complicated issue. The leaders, especially those from developing countries, are always trying to find the ways to solve the sustainable development problems. To what extent can IPRs international protection benefit the national/international development? How important that IPRS issues will be to influence the development strategy? Is stricter protection of IPRs or more flexible and soft protection better for developing countries? If the developing countries join the international IPRs activities fairly, equally, and frequently, then in the first aspect we can say the global IPRs protection machine or mechanism is relatively fair. If the IPRs protection is fairly vital in the development process, and those weak protection in developing countries influence the worldwide economy and knowledge economy much, then we can conclude that IPRs is a key issue in development and stricter standard is necessary. However, what the real whole picture will be is open to discuss and explore. I will try to give a relatively complete analysis in these two issues.},
  author       = {Chen, Zhao},
  keyword      = {Human Rights Law and Intellectual Property Rights},
  language     = {eng},
  note         = {Student Paper},
  title        = {Is The Strict Global Protection of Intellectual Property Unfair for Developing Countries?},
  year         = {2006},
}