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Deere, Carolyn --- "The Politics of Reform in Developing Countries" [2009] ELECD 580; in Meléndez-Ortiz, Ricardo; Roffe, Pedro (eds), "Intellectual Property and Sustainable Development" (Edward Elgar Publishing, 2009)

Book Title: Intellectual Property and Sustainable Development

Editor(s): Meléndez-Ortiz, Ricardo; Roffe, Pedro

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781848446458

Section: Chapter 2

Section Title: The Politics of Reform in Developing Countries

Author(s): Deere, Carolyn

Number of pages: 16

Extract:

2. The politics of reform in developing
countries
Carolyn Deere

INTRODUCTION

The approach taken by developing countries to intellectual property (IP) decision-making
varies widely. This variation raises several questions: How do politics at the national level
impact the prospects for development-oriented IP reforms? What kind of institutional
frameworks would best ensure that public policy goals are integrated and advanced in IP
policy and decision-making?
This chapter proceeds in three sections. The following section reviews the scope of IP
issues demanding attention at the national level, highlighting the diversity of national
approaches to the process and organization of IP decision-making. In the next section, I
focus on six aspects of variation: (i) the presence or absence of public policy frameworks
for IP decision-making; (ii) the location and organization of IP offices within govern-
ment; (iii) coordination within government; (iv) coordination of enforcement efforts; (v)
processes for public consultation and participation; and (vi) the administration of copy-
right laws.1 The final section 3 concludes by briefly reviewing the challenges that develop-
ing countries face in advancing national IP reforms, suggesting several elements critical to
development-oriented IP decision-making.


THE SCOPE OF NATIONAL IP DECISION-MAKING AND
VARIATION

At the national level, a broad array of IP issues demand government attention. Core
tasks required of government include:

setting a national public policy framework to guide IP laws;
passing IP legislation;
administering IP laws;
adjudicating IP disputes (such as disputes over infringement of rights and patent
validity);
...