property rights concern use
and disposal of property
these rights have been
extended to invention,
creative works and life
forms
2 views on IPRs and development:
Liberal/modernisation view:
property rights are fundamental to the market
economy, link invention effort and reward
promoting development. International
protection of IPRs is essential condition for
rapid technological growth in the world
economy
Dependency/World System Theory:
IPRs continue the dependency of the periphery on the
core. developing countries continue their historic role of
being suppliers.exporters of raw material for accumulation
wealth in the developed countries. IPR is a tool of new
forms of corporate colonialism. Biopiracy E.g. WR Grace
1914 (Neem tree), Rice Tech 1998 (Basmati Rice),
Marisanti 2005 (wheat)
Biopiracy: concentrate in patents in
genes, seeds and plants. Gene Rush
since 1990s. commodification of nature,
charge indigenous farmers for seeds and
plants which were once free. where
indigenous knowledge of nature is
exploited for profit without permission or
compensation
Shiva 'Biopiracy':
3 problems with patenting life forms:
ethical= rethink claims that life forms were
created by TNCs. What is being engineered?
shared commons?
criminalisation of farmers saving
and sharing seeds
encouraging biopiracy
IPR hurts the south in 4 ways:
deprives developing countries, especially
farmers, of their age old common intellectual
resources
creates market monopolies and
superprofits and excludes
original innovators from access
to markets
erodes livelihood of small producers and
prevents the poor from using their own
resources and knowledge to meet their
basic needs of health and nutrition
royalties have to be paid,
increasing the debt burden
emergence of bioprospecting contracts:
between researchers and countries= lay down the
rules about benefit shating and may generate
royalties for developing countries. fairness of such
contracts is debate-able, difficult to monitor. new
form of biopiracy?
Drahos and Mayne:
developed countries set IPRs to suit theor own stage of economic
development. the purpose of creating IPRs is to provide an incentive
for producers to invest in the production of information by giving
them a means of preventing free riding.
Stuart MAcdonald
complications and implications of the system pass virtually
unnoticed in the world at large, masked by simple assumption that
the patent stimulates innovation. patent only affords protection
when the patentee can afford to enforce his or her rights, which
mean that the poor have no protection at all. patent system is ripe
for abuse. the strong are most able to exploit the patent. Patent
system is essentially anti-innovative- assists a very specialised sort
of innovation and discourages other sorts