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.

Health Diplomacy and Intellectual Property Cooperation within BRICS

“…The initiatives that align health diplomacy and intellectual property rights integrate a key area of the global governance for health that is being built by BRICS (KICKBUSCHA, 2014, p. 464). Furthermore, the importance and potential of the area for BRICS health diplomacy is also revealed in joint efforts made by IBSA and BRICS to strengthen IP cooperation and build a flexibilities agenda (Menezes, 2018).…”

Contesting Intellectual Property Norms in Global Digital Economy

“…An institutional manoeuvre where normative agents create discussion, generate support and build coalition with the potential allies (Bloomfield & Scott, 2017;Murphy & Kellow, 2013). For instance through the India, Brazil and South Africa (IBSA) forum where members declared opposition against protectionist IP norms and defends the crucial role of flexibilities to balance IP rights and access to knowledge (Menezes, 2018). Additionally, Brazil and India are also part of South Centre who has been actively engaged in IP debates in the digital economy.…”

“…(The White House, 2016). Having tied intellectual property rights with cybersecurity, the United States instilled a biased perception of the private actors on how the digital economy has increased IP violation, hence the need for the enforcement and rights and the protection of new and emerging technologies (Menezes, 2018).…”

“…Previous studies have mainly discussed the norm contestation in the digital governance context, focusing on discursive efforts and regulatory instruments to control the internet on issues such as human rights, representativeness, and cybersecurity (Radu et al, 2021). Meanwhile, on the subject of intellectual property rights, the research mainly surrounds the challenges of the digital economy to the existing IP regime (Yanisky-Ravid, 2020), the expansion of IP coverage in WTO+ (Ido, 2019;Menezes, 2018) and the debate on access to source code which relates to the ongoing discussion of global data governance (Reid-Smith, 2017). Therefore, this research will combine the two spheres of studies to understand how existing IP norms are challenged and redefined in response to the socio-economic transformation of the digital economy where information and knowledge become more decentralized.…”

BRICS: potencialidades de cooperação e papel na governança global de saúde no contexto da pandemia

“…36 . A partir dessa conquista, tais países, e posteriormente os BRICS como Bloco, realizaram esforços para ampliar a crítica à agenda maximalista de propriedade intelectual e impulsionar a agenda do uso de flexibilidades em defesa da saúde pública 37 .…”