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The Implementation GameThe TRIPS Agreement and the Global Politics of Intellectual Property Reform in Developing Countries$
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Carolyn Deere

Print publication date: 2008

Print ISBN-13: 9780199550616

Published to Oxford Scholarship Online: May 2009

DOI: 10.1093/acprof:oso/9780199550616.001.0001

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Variation in TRIPS Implementation (1995–2007)

Variation in TRIPS Implementation (1995–2007)

(p.64) 3 Variation in TRIPS Implementation (1995–2007)
The Implementation Game

Carolyn Deere (Contributor Webpage)

Oxford University Press

Drawing on a survey of evidence from 1995 to 2007, this chapter highlights a selection of the most striking elements of variation in how developing countries implemented TRIPS. It shows that countries took varying advantage of the legal safeguards and options in TRIPS, particularly in terms of the timing of legislative reforms and the use of key flexibilities in areas such as copyright, patents, and plant variety protection. The chapter proposes a typology of the overall degree to which countries took advantage of TRIPS flexibilities. It concludes that important aspects of variation sit at odds with the predictions of economists and their positions in international IP negotiations, thus making the case for political analysis of the reasons for variation. While some aspects of variation appear to reflect national economic circumstances and changing sectoral interests in developing countries, significant aspects do not. The divergence is particularly in the case of LDCs that adopted TRIPS‐plus approaches to implementation.

Keywords:   copyright, patents, trademark, plant variety protection, flexibilities, TRIPS, reform, implementation, TRIPS‐plus

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