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Intellectual Property in Free Trade Agreements

By SANYA REID SMITH

Publisher: TWN (ISBN: 978-983-2729-57-0)

Year: 2008   No. of pages: 112

ABOUT THE BOOK

Developing countries are signing free trade agreements (FTAs) with developed countries. These FTAs often include intellectual property protection that is stronger than the World Trade Organisation requires (known as ‘TRIPS-plus’ protection). This book highlights the likely effects on developing countries of agreeing to these TRIPS-plus provisions, particularly those in US FTAs.

In the area of health, it explains the provisions that can increase the price of medicines, summarises some of the recent quantitative studies that show that medicine prices will increase due to these provisions and notes the concern about this issue by bodies including United Nations agencies. It also draws attention to fears that these provisions can make tobacco control more difficult.

In agriculture, the book clarifies the way in which these provisions can increase the price of inputs for farmers (without raising their yields or productivity) and reduce the ability to protect biodiversity from biopiracy.

For the manufacturing sector, the book notes examples of successful industrialisation in the absence of intellectual property protection and explains the way in which these provisions can prevent developing countries from moving up the value chain.

The book also draws together evidence that stronger intellectual property protection can harm innovation, decrease access to information and environmental technology and does not lead to increased foreign direct investment.

ABOUT THE AUTHOR

SANYA REID SMITH is a law graduate who also has a biochemistry degree and has studied economics. At Third World Network she analyses free trade agreements including the issue of intellectual property and access to affordable medicines. She has been a resource person on the effect of stronger intellectual property on medicine prices at numerous United Nations conferences.

Contents

1.      INTRODUCTION                                                                 

2.      EFFECTS OF TRIPS-PLUS PROVISIONS ON HEALTH (ACCESS TO MEDICINE AND TOBACCO)                                                                          

3.      EFFECTS ON AGRICULTURE AND BIODIVERSITY

4.      EFFECTS ON MANUFACTURING

5.      INTERNET SERVICE PROVIDER LIABILITY

6.      DOES STRONGER IP LEAD TO INCREASED FOREIGN DIRECT INVESTMENT?

7.      IP AND ECONOMIC GROWTH AND PRODUCTIVITY

8.      IP AND ENVIRONMENTAL TECHNOLOGY

9.      IMPACT OF FTA ON COPYRIGHT AND ACCESS TO INFORMATION

10.    EFFECTS OF STRONGER IP ON RESEARCH AND DEVELOPMENT/INNOVATION

11.    ENFORCEMENT

12.    IMPLEMENTATION OF THE FTA

13.    IP: SUMMARY ON EFFECTS OF FTAS

ENDNOTES

REFERENCES

PRICE

US$16.00 for First World countries

US$12.00 for Third World countries

RM17.00 for Malaysia

Prices are inclusive of postage costs by airmail.

How to Order the Book

Visit our TWN Online Bookshop or contact Third World Network at 131 Jalan Macalister, 10400 Penang, Malaysia.

Tel: 604-2266159

Fax: 604-2264505

Email for further information.


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