TRIPS and Developing Countries: How Level is the Playing Field?

Abstract

The general complaint of the developing countries has been that the balance in the intellectual property (IP) debate has shifted too far in favour of technology producers. Negotiations over intellectual property rights (IPRs) have been influenced by vocal industry lobby groups; negotiations are being driven by concerns of trade liberalisation and international investment between developed countries; and the legitimate technological objectives of developing countries — predominantly technology users — are not being given due consideration. As stated by Professor Alan Fells in a speech given at the Asian and Oceanic Anti-Monopoly Conference:²

Intellectual property laws have been captured by the interest of producers in countries which are net exporters of intellectual property … In this part of the world we are losers.

Keywords

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1. This chapter is written from the perspective of a competition lawyer. The views expressed herein are my own and do not purport to be the views of the South African government or any of its institutions.