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The Development Agenda
Global Intellectual Property and Developing Countries
Netanel, Neil Weinstock
Print publication date: 2008 (this edition)
Published to Oxford Scholarship Online: January 2009
Print ISBN-13: 978-0-19-534210-9
doi:10.1093/acprof:oso/9780195342109.003.0004
 

Pedro Roffe
Gina Vea
This chapter traces the chain of events and political debate surrounding the evolution of the international intellectual property (IP) architecture from the establishment of the Paris Convention in the 19th century, to reform efforts by developing countries in the 1970s, and the recent initiative in WIPO on a Development Agenda. It illustrates that tensions around striking an appropriate balance between public interests and private rights have persisted since the inception of the IP system. Furthermore, it shows that the establishment of the Paris Convention was the result of a strategic compromise between those who wanted to promote the recognition of patents beyond national boundaries, and those who feared that outright protection of foreign inventions might hamper local industrialization. Countries have continued to grapple with IP and development through the five revision conferences of the Paris Convention, waves of national reforms and attempts to rebalance the international IP system, the advent of the TRIPS Agreement, and finally the adoption of the WIPO Development Agenda.
Keywords: intellectual property, Paris Convention, history, reform, TRIPS Agreement, compulsory licensing, working requirement, Roffe, Vea
doi:10.1093/acprof:oso/9780195342109.003.0004
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Part One The Development Agenda and the International IP Treaty Regime
Part Two The Development Agenda in Historical and Institutional Context
Part Three The Development Agenda: Cautionary Notes from Two Directions
Part Four Intellectual Property and Development: A Comparative Analysis
Part Five Access to Medicine
Part Six Cultural Industries
Part Seven Industry Structure, Innovation, and Access
Part Eight Intellectual Property and Developing-Country Citizens’ Freedom