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Intellectual
Property: In Need of Protection
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March
7, 20001
Programme:
1.30 PM: Lunch
2.30: Seminar
4.30: Tea
Chair:
Bibek Debroy, Director of Research,
Rajiv Gandhi Institute for Contemporary Studies
Following
is the summary of Julian Morris' paper, which he coauthored
with Rosalind Mowatt, and Duncan Reekie. Julian is currently
Director of the Environment and Technology Programme at the
Institute of Economic Affairs
in London, Co-Director of the International
Policy Network. He is also a visiting fellow at Liberty
Institute, New Delhi.
IDEAL MATTER: Globalisation and the Intellectual Property
Debate
1.
Property and the rule of law are the foundations of
all economic activity.
2. Intellectual
property (IP) has underpinned much of the world's economic
development that has taken place in the past century and a
half.
3.
IP creates incentives to develop new technologies and
creative works.
4.
Alternatives to IP exist but are problematic and would
be inadequate for protecting many technologies and kinds
of creative works.
5.
Without IP protection, there would be less incentive
to develop new technologies, especially in the fields
of chemicals, pharmaceuticals, biotechnology and software.
We do not know what technologies will be important in
the future, but is it worth taking the risk of not having
them just because some current technologies can be protected
without IP?
6.
Many countries still have weak or nonexistent IP protection.
Strengthening IP protection would be enormously beneficial
to those countries. It would stimulate local invention
and encourage overseas IP-holders to engage in joint
projects.
7.
Trade liberalisation has also been a fundamental driver
of economic development, enabling consumers and producers
alike to be benefit from being able to trade with one
another more freely across borders. However, without
concomitant agreements on international protection of
IP, trade liberalisation tends to weaken IP protection
by enabling parallel imports.
8.
The Agreement on Trade-Related Aspects of Intellectual
Property Rights (TRIPs) in principle solves this problem.
But implementation of TRIPs has been slow, partly because
developed countries have been slow to open up their
borders to agricultural produce from developing countries
(which was a quid pro quo for TRIPs).
9. Developed
countries should open up their markets to agricultural imports
from developing countries. It is in their interest to do so
in any case because consumers and producers in those countries
will then benefit from lower price goods, stimulating economic
growth.
10. Developing
countries should create IP systems that conform with TRIPs.
It is in their interest to do so in any case because inventors
everywhere will have stronger incentives to develop novel
products for those markets.
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