Patents and Development Policies: Notes on the Local Use of Rights
Yamthieu, Sylvestre
Patents and Development Policies: Notes on the Local Use of Rights - 2015.
15
For a long time, the theory of the contract has been advanced to explain patent rights. This philosophical foundation highlights the idea of a balance between the rights of the inventor and those of the society. Patent protection corresponds not only to the idea of justice in favor of the creator, but even more to reflection on social interest, insofar as the rights conferred should favor the industrial development of the country. Yet, the standardization of the substantive rules for patents beyond all barriers has as a consequence that they cannot adapt to local realities, particularly in developing countries. On the one hand, patent holders in these countries are mostly citizens of industrialized countries. On the other, the implementation of the current patent system is not favorable to technology transfer and thus to the development of developing countries. In this context, the objective of this study is to show how and why the local working of patents can contribute to the development of countries in the South. This approach is justified by the fact that under the rising tide of bilateral agreements containing intellectual property clauses, it is difficult to see (realistic) solutions coming from the international framework. From this perspective, it is a matter of delivering arguments that developing countries can wield to make the local use of patents a means of leverage for their socio-economic development.
Patents and Development Policies: Notes on the Local Use of Rights - 2015.
15
For a long time, the theory of the contract has been advanced to explain patent rights. This philosophical foundation highlights the idea of a balance between the rights of the inventor and those of the society. Patent protection corresponds not only to the idea of justice in favor of the creator, but even more to reflection on social interest, insofar as the rights conferred should favor the industrial development of the country. Yet, the standardization of the substantive rules for patents beyond all barriers has as a consequence that they cannot adapt to local realities, particularly in developing countries. On the one hand, patent holders in these countries are mostly citizens of industrialized countries. On the other, the implementation of the current patent system is not favorable to technology transfer and thus to the development of developing countries. In this context, the objective of this study is to show how and why the local working of patents can contribute to the development of countries in the South. This approach is justified by the fact that under the rising tide of bilateral agreements containing intellectual property clauses, it is difficult to see (realistic) solutions coming from the international framework. From this perspective, it is a matter of delivering arguments that developing countries can wield to make the local use of patents a means of leverage for their socio-economic development.
Réseaux sociaux