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[FYI] TRIPS & its negative features
- To: debate@fitug.de
- Subject: [FYI] TRIPS & its negative features
- From: Horns@t-online.de (Axel H. Horns)
- Date: Tue, 20 Jul 1999 09:13:21 +0100
- Comment: This message comes from the debate mailing list.
- Organization: PA Axel H. Horns
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http://www.the-hindu.com/stories/05202524.htm
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Online edition of India's National Newspaper
on indiaserver.com
Tuesday, July 20, 1999
TRIPS & its negative features
By B. P. Jeevan Reddy
THE HUMAN Development Report 1999, released last
week, contains data of great relevance to developing
countries such as India. It says globalisation offers
great opportunities for human advance but only with
stronger governance and greater regulation. At the
same time, it sets out the ill-effects of
globalisation, contributing to greater misery and
suffering among the poorer nations. It points out
that over the last decade the gap between the rich
and the poor has been increasing significantly. For
instance, ``the assets of the top three billionaires
are more than the combined GNP of all least developed
countries and their 600 million people.''
[...]
Intellectual Property Rights were first raised as a
multilateral trade issue in 1986 under the General
Agreement on Tariffs and Trade (GATT) to crack down
on counterfeit goods. But with many industrial
countries interested in negotiations on trade
liberalisation to tighten control over technology,
this narrow focus was soon extended to include many
other areas. ``Although each country implements the
Intellectual Property Rights law at the national
level, the TRIPS agreement imposes minimum standards
on patents, copyright, trade marks and trade secrets.
These standards are derived from the legislation of
industrial companies, applying the form and level of
protection of the industrial world to all WTO
members. This is far tighter than existing
legislation in most developing countries and often
conflicts with their national interest and needs''.
The Report further says the big corporations define
research agendas and tightly control their findings
with patents, racing to lay claim to intellectual
property under the rules set out in the agreement on
TRIPS and that as a result poor people and poor
countries risk being pushed to the margin in this
proprietary regime controlling the world's knowledge.
The Report says ``From new drugs to better seeds,
the best of the new technologies are priced for those
who can pay. For poor people they remain far out of
reach.
Tighter property rights raise the price of technology
transfer, blocking developing countries from the
dynamic knowledge sectors. The TRIPS agreement will
enable multinationals to dominate the global market
even more easily.
New patent laws pay scant attention to the knowledge
of indigenous people. These laws ignore cultural
diversity in the way innovations are created and
shared - and diversity in views on what can and
should be owned, from plant varieties to human life.
The result: a silent theft of centuries of knowledge
from some of the poorest communities in developing
countries''.
After setting out the negative features of the TRIPS
Agreement, the Report says ``Intellectual Property
Rights under the TRIPS agreement need comprehensive
review to redress their perverse effects undermining
food security, indigenous knowledge, biosafety and
access to healthcare'' and then proceeds to suggest
the strategies which the developing and less
developed countries should adopt to counteract the
ill-effects of unequal multilateral agreements. It
suggests that the ``poor and small countries should
pursue active participation in the global dialogues
on multilateral agreements from their development to
negotiations to implementation.'' They should ``link
negotiations on intellectual property rights with
rights to emit carbon into the atmosphere - and to
link environmental assets like rain forests to
negotiations on trade, debt and investment. They can
also gain in negotiations by pooling resources for
policy analysis and developing common negotiating
positions. Regional collective action is a first step
in this direction.'' It suggests that following
actions be set taken immediately to strengthen the
bargaining position of the poor and small countries:
``Provide legal aid. The WTO dispute settlement
mechanisms can be fair only when the parties to a
dispute have access to expert services of equal
calibre to argue their case. An independent legal aid
centre is needed to support poor countries.
[...]
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