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Carlos CORREA, University of Buenos Aires ICTSD-UNCTAD Dialogue, The Rockefeller Foundation’s Bellagio Conference Center, 30 Oct.-2 Nov. 02

FORMULATING EFFECTIVE PRO-DEVELOPMENT NATIONAL INTELLECTUAL PROPERTY POLICIES

Developing countries face significant challenges for formulating an intellectual property (IP) policy compatible with their production structure, cultural values and development needs, and for translating such policy into laws and regulations consistently with international obligations. This paper reviews those challenges and makes preliminary suggestions about ways in which developing countries can deal with human, institutional and financial constraints to ensure the coherence, sustainability and effectiveness of their policies. IP as a policy instrument The purpose of IP policy is often described, in a simplistic way, as a means to reward inventors and creators for their contributions to the state of the art. IP, however, has been designed to benefit society by providing incentives to those that introduce new inventions or creations. Its purpose is not the exclusive benefit or advantage of individuals or corporations, but of the public or community at large through the activities of inventors and creators. CITA IP is an instrument for achieving specific objectives, which have historically evolved and varied across countries. How the rationale for IP protection has changed over time in developed countries is well documented, particularly in the area of patents1. The available evidence clearly suggests that the role of IP varies significantly accordingly with productive structures and levels of development. As the World Bank has noted, in the area of IP “one size does not fit all”2.

In the United States, for instance, weak copyright protection during the nineteen century was deliberately aimed at promoting the development of the domestic printing industry. One century later, the promotion of domestic industry is still present in US law....