Intellectual property rights and Developing countries as well as Bangladesh: Difficult though, could a Bangladeshi think of paying a royalty for allowing their children to read the age-old fairy tales of Thakurmar Jhuli. Most Bangladeshis would laugh at such a proposition, but it could become a reality if the country fails to protect its intellectual property rights (IPR).
How would one then define intellectual property? Is it the creation of the mind in the form of ideas? To what extent the creator of ideas can claim legal protection over the use of the creation? The main argument of this system is that the author of intellectual property needs to earn create and thereby rent for his efforts in the development and marketing of the idea.
[ Intellectual property rights and Developing countries as well as Bangladesh ]
The system is essentially supposed to encourage innovation and restrain the copyright of ideas by others for a limited period in the areas of art, science, technology and industry. During the twentieth century, many developing countries acquired growth by using copy-strategy and this success created challenges for the industrial economies. which prompted the Trade-Related Intellectual property Rights (TRIPS) Agreement consequentially. A strong lobby developed in the industrialized nations for the development of an enforceable Intellectual Property Rights regime on a broader scale and scope.
Despite the availability of a number of international conventions and specialized agencies to oversee the implementation of IPR, the subject and content of intellectual property were included in the final phases of the Uruguay Round of GATT consultations. The case for effective protection became more urgent as trade and economy of the major trading nations became dependent on technology and knowledge-based industries new technologies, whether it is software, food, industrial equipment or some other manufactured products are increasingly being embedded in the end product.
The TRIPS Agreement is the most questionable one of all the issues that have been included in the post-1995 world trade regime. TRIPS Agreement has the potential to cause confusion in different sectors of the national economy of developing countries. Initially, developing countries were not ready to join any form of discussion on the IPR issue, as they were doubtful about the developed countries. In a proposal to run the negotiations the developed countries argued that the discussions would centre only on ‘trade in counterfeit goods. The World Trade Organization (WTO) provided an institution. Which could, through its dispute settlement procedures? Enforce the rights accorded to intellectual property.
TRIPS Agreement deals with the subject, scope and protection of patents. During discussions on IPR issues like extending patent protection period preservation of plant varieties patenting of life forms, making the TRIPS Agreement mandatory. The developing countries lacked the capacity to understand the implications of the issues and they had no knowledge of how to defend their interest. Nor do they have the economic strength to turn the negotiations in their favour.
Understand the implications of the issues and they had no knowledge of the law to defend their interest. Nor they have the economic strength to turn the negotiations in their favour. Understanding these limitations the developing countries threatened to withdraw from the discussions and the developed countries insisted the developing countries by saying that if they did not agree to re-enter the discussions on IPR withdraw from the discussions and the developed countries insisted the developing countries by saying that if they did not agree to discuss agriculture and textiles when the developing countries found them consistently compressed by the US-led developed countries to agree to their proposal on TRIPS.
A group of Third world countries it presents a draft agreement on TRIPS during the Uruguay Round.
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