Fink, Carsten --- "Promoting Checks and Balances" [2009] ELECD 592; in Meléndez-Ortiz, Ricardo; Roffe, Pedro (eds), "Intellectual Property and Sustainable Development" (Edward Elgar Publishing, 2009)

Book Title: Intellectual Property and Sustainable Development

Editor(s): Meléndez-Ortiz, Ricardo; Roffe, Pedro

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781848446458

Section: Chapter 14

Section Title: Promoting Checks and Balances

Author(s): Fink, Carsten

Number of pages: 7

Extract:

14. Promoting checks and balances
Carsten Fink

INTRODUCTION

Over the past few decades, developing countries have substantially widened and deep-
ened the protection of intellectual property rights (IPRs). This move was largely brought
about by external pressure ­ intellectual property-producing interests in rich countries
lobbying their governments to demand stronger IPRs protection as a matter of enhanced
market access. The conclusion of the Uruguay Round of trade negotiations in 1994 thus
established the Agreement on Trade-Related Aspects of Intellectual Property Rights
(TRIPS) as one of three pillar agreements framing the multilateral trading rules of the
World Trade Organization (WTO). Since then, so-called `TRIPS-Plus' disciplines have
been created in bilateral free trade agreements (FTAs) ­ notably those of the United
States. In addition, international treaties that would foresee a strengthening of certain
aspects of the intellectual property system are being considered at the World Intellectual
Property Organization (WIPO).
The context in which developing countries adopt new IPRs policies differs from how
these policies have evolved in developed countries. Even though the interests of IPRs
owners have always played a key role in norm setting in developed nations, IPRs policies
have been embedded in a broader institutional framework providing certain checks and
balances to the exclusive rights of IPRs holders. These checks and balances are not well
developed in many developing countries. This chapter points to selected checks and bal-
ances and asks, specifically, how the adoption of competition laws can be promoted in
developing countries.


SELECTED CHECKS AND BALANCES

...