Transcript Document

The Development Dimension
of Intellectual Property and
Intellectual Property Policy
Kiyoshi Adachi
Legal Officer, IP Team, UNCTAD
UNCTAD/CD-TFT
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What is DDIP?
 A methodology/checklist consisting of a series of questions
designed to collect information about a country’s
development policies and existing IP policies, with a view to
reaching conclusions about whether that country’s IP
policies are in line with specific development objectives.
 A report containing the results of this analysis, and setting
out recommendations as to what changes could be made to
better ensure that a country’s IP policies support the
country’s development objectives in specific areas.
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Key Assumptions
 IP is not an objective in itself – means to an end;
our starting point is therefore development policy.
IP policy needs to make sense in the context of
development policy, not vice versa.
 Policy is not static – there are usually some
policies already in place, but policies will always
need to be reviewed and revised periodically, and
there is nothing wrong with that.
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Uganda – first test case (1)
 Request for DDIP – January 2008
 Field mission – May 2008
 Drafting stage – current
 Aiming to complete by February 2009
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Uganda – first test case (2)
Development Objectives Examined
 Health/Access to Medicines (patents)
 Access to Knowledge (copyrights)
 Technology Transfer (general IP regime)
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The case of Cipla – Quality
Chemicals JV
 50-50 JV to produce ARVs and antimalarials
 Technology Transfer and Health
 TRIPS flexibilities prerequisite
 But certainly not sufficient by itself to make
the deal happen
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Technology Transfer
 Aside from Cipla-Quality JV, is it happening?
 Where do they need it most? What kind of
products do they want to make? Is it IP intensive, or
not?
 At this point in time, technology transfer may be
facilitated by wider public domain
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IP Policy: Least Developed Countries
 Despite vast geographic, cultural and economic differences, many
of the LDCs are likely to face similar challenges in IP policy
making;
1.
2.
3.
4.
5.
low income - weaker incentive for new products and services;
low-human capital;
less diversified economy;
low level of information and communication infrastructure
weak, at the same time over-stretched, institutions.
 LDCs will consider IP policy in the context of these challengesand their development need:
 raising income, improving education and ensuring access to health;
 diversifying the economy and upgrading local technological
capability.
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IP Strategy
1. Not the same as policy
2. Getting from point A to point B (implies policy
change)
3. Need a framework to understand how policy is
made in a country, and to take that into
consideration
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The Policy Formulation Model:
A Loosely Linked Set of Stages
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Stage
Stage
Stage
Stage
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1 Agenda Setting
2 Specifying Alternatives
3 The Authoritative Choice
4 Implementing the Decision
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Agenda Setting
A political or governmental agenda is a set of subjects to which
some government officials are paying serious attention. Agenda
setting is composed of all activities and communication channels
that bring to politicians and government officials an awareness of
issues or problems that might be considered for governmental
action.
Question: is the policy issue on the agenda of the decision
makers?
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Specifying Alternatives
Specifying alternatives is about finding possible solutions, and
coupling solutions to problems and to political expediency.
A useful idea for explaining why some problems or solutions
gain the attention of decision makers while others do not is the
presence of policy windows. A policy window exists when there
is a co-existence of issues, acceptable solutions and the attention
of decision makers.
Question: Does a policy window exist that would permit your
policy initiative to be seriously considered by decision makers?
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The Authoritative Choice
This stage transforms a policy initiative (proposal) into a formal
governmental agenda item and becomes the basis for
administrative agency action.
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Implementing the Decision
•Which agencies will implement the policy?
•Is there sufficient capacity in the agency to implement?
•Battling for resources – human and financial
•Accountability – monitoring mechanisms
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THANK YOU!
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