The Development Agenda is the result of the 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 was an historic watershed for that UN agency, which has long viewed its mandate as the unabashed promotion of greater intellectual property rights throughout the world. Written by some of the world's leading IP scholars, Neil W. Netanel has edited this compilation of articles in order to examine the Development Agenda and the broader issues it touches upon. 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 the two Brazilian diplomats who were the leading advocates of the Development Agenda's adoption.
Ch. 1 Introduction: The WIPO Development Agenda and Its Development Policy Context by Neil Weinstock Netanel 1
I The Development Agenda and the International IP Treaty Regime
Ch. 2 The Development Agenda at WIPO: Context and Origins by Henrique Choer Moraes and Otavio Brandelli 33
Ch. 3 TRIPS 3.0: Policy Calibration and Innovation Displacement by Daniel J. Gervais 51
II The Development Agenda in Historical and Institutional Context
Ch. 4 The WIPO Development Agenda in an Historical and Political Context by Pedro Roffe and Gina Vea 79
Ch. 5 The Politics of Intellectual Property Reform in Developing Countries: The Relevance of the World Intellectual Property Organization by Carolyn Deere 111
III The Development Agenda: Cautionary Notes from Two Directions
Ch. 6 History Lessons for the WIPO Development Agenda by Ruth L. Okediji 137
Ch. 7 The WIPO Development Agenda: A Cautionary Note by Keith E. Maskus 163
IV Intellectual Property and Development: A Comparative Analysis
Ch. 8 What Direction Is the Wind Blowing? Protection of DRM in China by Hong Xue 177
Ch. 9 Are National Patent Laws the Blossoming Rains? Evidence from Domestic Innovation, Technology Transfers, and International Trade Post Patent Implementations in the Period 1978-2002 by Yi Qian 191
Ch. 10 Historical Perspectives on Patent Systems in Economic Development by B. Zorina Khan and Kenneth L. Sokoloff 215
V Access to Medicine
Ch. 11 Expanding Patent Rights in Pharmaceuticals: The Linkage between Patents and Drug Registration by Carlos M. Correa 247
Ch. 12 Is Product Patent Protection Necessary to Spur Innovation in Developing Countries? R&D by Indian Pharmaceutical Companies After TRIPS by Sudip Chaudhuri 265
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VI Cultural Industries