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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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TRIPS Implementation in Francophone Africa

TRIPS Implementation in Francophone Africa

Chapter:
(p.240) 7 TRIPS Implementation in Francophone Africa
Source:
The Implementation Game
Author(s):

Carolyn Deere (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199550616.003.0007

This chapter explains why a group of the world's poorest countries adopted an array of TRIPS‐plus standards. It begins with a review of the colonial influence on IP regulation in francophone African countries and the origins of their distinctive regional approach to IP protection. It then introduces the region's common IP framework, the Bangui Agreement, and shows how the latest revisions exceed TRIPS requirements. The chapter traces the Bangui revision process through three phases, highlighting the limited capacity of national IP offices and the policymaking vacuum on IP issues in the region. It argues that the TRIPS‐plus outcome was a result of pressure from international donors (upon which countries relied for financing and technical expertise) and from their own regional organization, the African Intellectual Property Organization (over which they exercised little effective oversight). Importantly, this case highlights that in lieu of direct economic threats, capacity‐building was a decisive tool for international pressure. Moreover, for countries in a weak position in the international system, the compliance‐plus global political environment was a persuasive intervening factor.

Keywords:   francophone Africa, TRIPS flexibilities, economic pressure, national capacity, capacity‐building, OAPI, regional approach, Bangui Agreement, colonial, France

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