b) Copyright abuses are another important North–South issue.
c) Developing countries have enunciated an alternative understanding of the goal of IPRs as promotion of
development. Along with many development agencies and NGOs, they assert that provisions of TRIPS that
hamper development should be resisted and that new development- enhancing policies should be
incorporated into IP laws.
Debates over Patented Medicines
a) Some of the most successful efforts to challenge the TRIPS agreement have been in the areas of
compulsory licensing and access to medicines.
b) There is hope that a combination of more generics, more compulsory licensing, more voluntary cooperation
by Big Pharma, more foreign funding, and more flexibility in IPR laws can make essential medicines more
accessible throughout the world.
Box: Patient Rights versus Patent Rights
a) Many South African AIDS victims cannot afford high-priced patented drugs.
b) South African laws permit access to cheaper AIDS drugs.
c) US pharmaceutical firms threatened legal action against South Africa.
d) The WTO resolved that poor countries are allowed to import generic versions of patented medicines from
countries like India and Brazil.
Struggles over Traditional Knowledge
a) An IPR struggle between South and North is over Traditional Knowledge (TK), which is the accumulated
knowledge and practices of indigenous or local communities as they relate to such things as plants, plant
uses, agriculture, land use, folklore, and spiritual matters.
b) Just as developing countries seek to valorize their control over biodiversity and medicinal plant uses, many
countries are also trying to protect TK from appropriation and misuse by non– indigenous groups.
Perspectives on Intellectual Property Rights
a) Liberals view strictly-enforced IPRs as necessary to create a mutually beneficial market for intellectual
property, thus encouraging firms to invest in new innovations that result in people having access to new
products.
a. Mercantilists view IPRs as a way to try to gain an advantage for domestic firms over foreign competitors
and sometimes as a way to limit the spread of military-based technology that can be important to national
defense.
b) Structuralists view IPRs as yet another means of exploitation of the periphery by the core. Strictly enforced
IPRs produce underdevelopment and dependency.
Alternative Perspectives on Intellectual Property Rights
a. There are complex and overlapping points of view on IPRs from the constructivists, “balancers,” and
“abolitionists.”
b) Constructivists trace over time how we define IPRs and talk about them; by so doing, we better understand
whose interests in society are being served by this discourse.
c) “Balancers” want to strike an appropriate balance between individual rights, communal rights, and national
rights. Balancers want to prevent IPR holders from stifling competition, misusing monopoly rights, or
excessively suing individuals or companies for alleged infringement.
d) “Abolitionists” want to see the elimination or radical reduction of IPRs.
CONCLUSION
a) There is greater recognition by some economic liberals that too many IPRs can have negative consequences
for competition, innovation, and a vibrant public domain.
b) Key questions concerning the knowledge structure include: How will the forces of globalization affect the
creation, control, and dissemination of knowledge? Will stricter enforcement of IPRs enhance or hinder
development among the poorest nations of the world? Will competition among nations for new