Vol. 40, N° 1, Jan/Apr, 2018

South-South Collaboration for an Intellectual Property Rights Flexibilities Agenda

Abstract

This article analyses South-South initiatives for building an intellectual property (IP) flexibilities agenda, highlighting the particularities in this specific area of international relations as well as the difficulties encountered in building a common position. I start by outlining the changes and transformational dynamics in the international regime for the protection of IP, and examining how these changes, notably the proliferation of TRIPS-plus rules through preferential agreements, affect developing countries. Next, I examine the development of South-South collaboration as a strategic option for maintaining the policy space developing countries need to develop legal frameworks attuned to their specific needs and interests, and for building norms that strengthen IP flexibilities. I conclude that a strong and more purposeful response by countries like Brazil, India and China has been difficult to achieve for several reasons: i) the diversity of forms of protection included in the international negotiations; ii) the multiplicity of areas and public policies affected by IP regulations; and iii) domestic economic changes in developing countries.

Keywords: Intellectual Property Rights; Trade-Related Aspects of Intellectual Property Rights (TRIPS); South-South Collaboration; IP Flexibilities; IP Flexibilities Agenda.

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