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How Intellectual Property Rights Can Obstruct Progress

Author

Carlos Maria Correa

University of Buenos Aires, Argentina

April 4 2005

Summary

In this article the author describes the recent trend toward "increasingly restrictive intellectual property rights,"
and argues that these restrictions will hamper future research and development, placing a particular
burden on developing countries.



The author notes that new digital technologies have "increased the power of copyright owners to control copying, the sale of copies,
and the public transmission of works such as articles and reports." These restrictions, he argues,
are not only limiting access to copyrighted material, but the new 'anti-circumvention
measures'
often also restrict access to knowledge that "is sought for what traditional copyright law viewed as 'fair uses',
such as education and research."



The article provides examples of recent regulatory moves that restrict the flow of
knowledge:

  • The World Intellectual Property Organization (WIPO) Copyright Treaty (1996)
    which established "new international norms for regulating the use of technologies designed to
    circumvent the technological protection of digital works (such as scientific
    articles or music recordings)."
  • A new proposed treaty on broadcasting, cablecasting and webcasting which would "would create a 50-year exclusive right to content transmitted by one of these
    media"
  • Patent protections that have been extended to living organisms and extracted biological materials, such as genes


The author cites a recent drop in productivity in pharmaceuticals research as a
possible sign of the dangers to future knowledge development posed by tightening
intellectual property restrictions. "The output of today's research is, after all, an input into future research. The
greater the rights (and hence the financial incentives to invest in knowledge
production) exercised by one generation of knowledge producers, the greater the
cost to the next-generation producers -  and the lower their incentives to
further develop that knowledge."



Developing countries, the author argues, may face particular problems as a result of tighter restrictions. He notes:

  1. These laws are formed by groups with narrow interests who "pay little or no attention to the likely implications of such rules for health,
    education and development in general."
  2. Historically countries enforced copyright and patent laws on foreign knowledge only
    after a level of advancement had been achieved, not at the early stages of development. This places
    today's developing countries at a disadvantage.
  3. New intellectual property rules require "a massive transfer of resources to developed countries, as they will have to
    purchase licenses for the technologies they need." Meanwhile, the author claims,
    there is no apparent benefit to the developing countries.
  4. Some developed countries are trying to prevent even the currently allowed protections
    for developing countries (such as compulsory licenses, parallel imports and exceptions to exclusive rights).

The author concludes by observing that some international legal actions have, in fact, been taken
to protect
the public interests in health and development in the face of increasing property rights
restrictions. He argues, however, that "It is time to remember that the goal of intellectual property protection is not
to enrich those best positioned to make use of the system at the global level,
but to boost social and economic development by promoting both the creation and
the dissemination and effective use of knowledge."


Contact

UNEP
Send your paintings to:

Asia and the Pacific
UNEP Regional Office for Asia and the Pacific
United Nations Bldg., Rajdamnern Avenue
10th Floor, B-Block
Bangkok 10200, Thailand
Tel: (66-2) 2881870
Fax: (66-2) 2803829
sarabuddhi@un.org

Europe
UNEP Regional Office for Europe
15 Chemin des Anémones, Châtelaine-Genève
1219 Chatelaine, Geneva
Switzerland
Tel: (41-22) 917 82 79
Fax: (41-22) 917 80 24
roe@unep.ch

Latin America and the Caribbean
UNEP Regional Office for Latin America & the Caribbean
Boulevard de los Virreyes No. 155
Col. Lomas Virreyes, CP 11000- Mexico
D.F., Mexico
Tel: (52-55) 5202 6394
Fax: (52-55) 5202 0950
enlace@pnuma.org

North America
UNEP Regional Office for North America
1707 H Street, NW, Suite 300
Washington, D.C 20006
United States
Tel: (1-202) 785 0465
Fax: (1-202) 785 2096
bvd@rona.unep.org

West Asia
UNEP Regional Office for West Asia
P.O. Box 10880
Manama, Kingdom of Bahrain
Tel: (973) 17812752-17812777
Fax: (973) 17825110
uneprowa@unep.org.bh

Africa
UNEP Regional Office for Africa (ROA)
P.O. Box 30552
Nairobi 00100
Kenya
Tel: (254 2) 624 284
Fax: (254 2) 623 928
roainfo@unep.org

Placed on the Communication Initiative site September 26 2005
Last Updated September 26 2005

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