How compliant are developing countries with their TRIPS obligations?
AbstractThis paper constructs an intellectual property rights (IPR) index based on the World Trade Organization's Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement for 53 developing countries. TRIPS agreement attempts to standardize the minimum level of IPR protection for all 153 WTO member countries regardless of their income levels, and allows recourse to an effective dispute settlement mechanism, unlike previous international IPR agreements. The Agreement is thus applicable to a large number of countries and enforceable both at the national and international levels, making it an important legal agreement to study. This TRIPS-specific index takes into consideration the seven IPR categories defined by TRIPS agreement and the transition period for their implementation. In addition, it assumes the governments of the developing countries investigated would not necessarily implement the legislations for the seven IPR categories simultaneously. National IPR legislations, various IPR-specific reports and legal experts and practitioners, whenever possible, are consulted to build the index. Analysis of the data collected show three implementation trends. Firstly, almost all developing country members availed themselves to the transition period afforded by the Agreement, and in some cases have exceeded the time limit imposed by the transition period. Secondly, implementation efforts of developing countries vary, and not necessarily because of their income levels. And lastly, countries in regional trade agreements (RTAs) that specify IPR obligations tend to comply with the TRIPS agreement earlier than the rest. The results collected in this study show that TRIPS does imply a convergence of global IPR protection across countries, and that the implementation of this Agreement is an external factor, not influenced by the countries' level of economic development.
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Bibliographic InfoPaper provided by Ecole Polytechnique Fédérale de Lausanne, Collège du Management de la Technologie, Management of Technology and Entrepreneurship Institute, Chaire en Economie et Management de l'Innovation in its series CEMI Working Papers with number cemi-workingpaper-2009-001.
Date of creation: Jan 2009
Date of revision:
intellectual property rights; developing countries;
Find related papers by JEL classification:
- O34 - Economic Development, Technological Change, and Growth - - Technological Change; Research and Development; Intellectual Property Rights - - - Intellectual Property and Intellectual Capital
- K33 - Law and Economics - - Other Substantive Areas of Law - - - International Law
- C43 - Mathematical and Quantitative Methods - - Econometric and Statistical Methods: Special Topics - - - Index Numbers and Aggregation
This paper has been announced in the following NEP Reports:
- NEP-ALL-2009-02-22 (All new papers)
- NEP-IPR-2009-02-22 (Intellectual Property Rights)
- NEP-LAW-2009-02-22 (Law & Economics)
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