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Subject: Law  Book Title: The Development Agenda
The Development Agenda
Global Intellectual Property and Developing Countries
Netanel, Neil Weinstock (Editor)
Print publication date: 2008
Published to Oxford Scholarship Online: January 2009
Print ISBN-13: 978-0-19-534210-9
doi:10.1093/acprof:oso/9780195342109.001.0001
 
Abstract: Do broad, universal intellectual property rights bring the benefits of innovation, creativity, technical know-how, and foreign investment to developing countries? Or do treaties that require developing countries to grant greater intellectual property protection actually stifle development and impede access to the knowledge and essential medicines that the world's poor so desperately need? The debate over such questions has raged for decades, among scholars and diplomats, lawmakers and policy makers, nongovernmental organizations and international agencies, IP industries and development policy analysts. The Development Agenda is the fruition of developing countries' most recent campaign to ensure that the intellectual property treaty regime permits—and, indeed, empowers—developing countries to tailor their intellectual property laws as they deem necessary to promote development and serve the welfare of their citizens. The Agenda's adoption by the World Intellectual Property Organization (WIPO) in September 2007 is an historic watershed for that UN agency, which has long viewed its mandate as the promotion of greater intellectual property rights throughout the world. This book examines the Development Agenda and the broader issues it raises. Our contributors include leading scholars from various disciplines, including economics, political science, and law, and from countries at various stages of development, including China, India, Brazil, Argentina, Chile, Nigeria, Egypt, and Israel, in addition to the US, Canada, and EU. They also include experts from NGO-think tanks, UNCTAD, and two Brazilian diplomats who stood at the forefront of advocating for the Development Agenda's adoption at WIPO.

Keywords: developing countries, development, intellectual property, WIPO, TRIPS, technology transfer, pharmaceuticals, copyright, patent
Table of Contents
Preface
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1. Introduction
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2. The Development Agenda at WIPO
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3. TRIPS 3.0
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4. The WIPO Development Agenda in an Historical and Political Context
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5. The Politics of Intellectual Property Reform in Developing Countries
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6. History Lessons for the WIPO Development Agenda
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7. The WIPO Development Agenda
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8. What Direction is the Wind Blowing?
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9. Are National Patent Laws the Blossoming Rains?
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10. Historical Perspectives on Patent Systems in Economic Development
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11. Expanding Patent Rights in Pharmaceuticals
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12. Is Product Patent Protection Necessary to Spur Innovation in Developing Countries?
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13. IPRs and Technological Development in Pharmaceuticals
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14. The Production of Knowledge, Innovation, and IP in Developing Countries
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15. Arab Musiconomics, Culture, Copyright, and the Commons
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16. Trading Copyright
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17. Antitrust, Patents, and Developing Nations
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18. Innovation, Competition Policies, and Intellectual Property
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19. Intellectual Property and Development as Freedom
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20. Contours of an International Instrument on Limitations and Exceptions*
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Index
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doi:10.1093/acprof:oso/9780195342109.001.0001
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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