TRIPS Implementation in Francophone Africa

THE IMPLANTATION GAME: THE TRIPS AGREEMENT AND THE GLOBAL POLITICS OF INTELLECTUAL PROPERTY REFORM IN DEVELOPING COUNTRIES, Carolyn L. Deere, Oxford University Press, 2008

64 Pages Posted: 18 May 2009

See all articles by Carolyn Deere Birkbeck

Carolyn Deere Birkbeck

Global Economic Governance Programme, University College, Oxford

Date Written: December 2008

Abstract

In 1999, francophone African countries revised their joint, regional legal framework for intellectual property protection, the Bangui Agreement, with the aim of complying with the World Trade Organization's Agreement on Trade-Related Aspects of Intellectual Property Rights. In doing so, however, they forfeited many of the legal options and safeguards available under TRIPS, went beyond the minimum TRIPS requirements, and in many cases, implemented the agreement far in advance of their deadlines. Why did these countries implement such strong IP standards and so much earlier than required by TRIPS? Some argue this is the result of a member-driven process, while others blame pressures from powerful international actors and multinational corporations. A third explanation is that the revised Agreement emerged in its flawed form because the officials involved knew it would have little practical impact. While each of these explanations contributes a part of the story of TRIPS implementation in francophone Africa, neither alone is sufficient. Whereas national economic interests fail to explain the TRIPS-plus approach taken by these francophone African countries, neither are general allusions to international pressures enough to account for the specifics at the Bangui outcome. This text argues that the institutional arrangements for IP decision-making in the region and pro-IP capacity building were the decisive variables.

Keywords: TRIPS, WIPO, intellectual property, reform, governance, patent, copyright, implementation, compliance, politics, developing countries, development agenda

JEL Classification: F13, F53, F53, F59, K33, L38, L31, O19, O33, O34

Suggested Citation

Deere Birkbeck, Carolyn, TRIPS Implementation in Francophone Africa (December 2008). THE IMPLANTATION GAME: THE TRIPS AGREEMENT AND THE GLOBAL POLITICS OF INTELLECTUAL PROPERTY REFORM IN DEVELOPING COUNTRIES, Carolyn L. Deere, Oxford University Press, 2008. Available at SSRN: https://ssrn.com/abstract=1405228

Carolyn Deere Birkbeck (Contact Author)

Global Economic Governance Programme, University College, Oxford ( email )

University College
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+41 79 318 2021 (Phone)

HOME PAGE: http://www.globaleconomicgovernance.org/carolyn-deere-birkbeck

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