Reconceptualising the Debate on Intellectual Property Rights and Economic Development

The Law and Development Review, Vol. 3, No. 1, pp. 65-107, 2010

46 Pages Posted: 14 Oct 2010

See all articles by Bryan Christopher Mercurio

Bryan Christopher Mercurio

Chinese University of Hong Kong - Faculty of Law; University of New South Wales - Faculty of Law

Date Written: October 1, 2010

Abstract

This article argues that IP is critical to full-scale technological and economic development for developing countries. Linking IPRs and economic development is not often a popular perspective, but it is clear that developing countries must now operate from the perspective of TRIPs being the minimum level of protection mandated by the international community - substantially deviating from the TRIPs standard is not a viable option. With IPRs and protection being raised in almost every free trade agreement negotiated by developed countries, as well as through the negotiation of new multilateral treaties, such as the proposed Substantive Patent Law Treaty and the Anti- Counterfeiting Trade Agreement, the time is ripe for developing countries to revisit the role of IP and economic development. Countries must seek the answers to a number of questions - have increased IPRs impacted upon poverty reduction strategies? Have IPRs encouraged or led to increased growth? How have IPRs impacted access to information, knowledge, education and research? Is the IP policy coherent with other public policy issues such as investment, public health, trade and competition?

Keywords: intellectual property, TRIPS, international trade, WTO, development, economic impact

JEL Classification: K30, K33, K40, O10, O19, O34, O38

Suggested Citation

Mercurio, Bryan Christopher, Reconceptualising the Debate on Intellectual Property Rights and Economic Development (October 1, 2010). The Law and Development Review, Vol. 3, No. 1, pp. 65-107, 2010. Available at SSRN: https://ssrn.com/abstract=1691466

Bryan Christopher Mercurio (Contact Author)

Chinese University of Hong Kong - Faculty of Law ( email )

6/F Western Teaching Complex
Shatin, New Territories
Hong Kong
(852) 2696 1139 (Phone)

University of New South Wales - Faculty of Law

Kensington, New South Wales 2052
Australia

Register to save articles to
your library

Register

Paper statistics

Downloads
383
Abstract Views
1,530
rank
77,803
PlumX Metrics