Intellectual Property Policy Formulation in LDCs in Sub-Saharan Africa

Blakeney, Michael; Mengistie, Getachew

doi:10.3366/ajicl.2011.0004

Cited by 8 publications

(4 citation statements)

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“…74 This has been approved of by the WTO and exploited by Botswana and Ethiopia to fast-track the path of generic drugs to the market. 75 Finally, the WTO Declaration on TRIPS states that developing countries have a grace period until 2016 to bring their legal systems into line with the requirements of the Agreement. 76 Much can be achieved between now and then.…”

Section: Mechanisms Available Under Trips To Lower Pricesmentioning

confidence: 99%

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Enforcement Costs: Some Humanitarian Alternatives to Stronger Patent Rights

Trotter

2012

Med Leg J

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Diseases that cause comparatively few problems in developed countries kill millions of people in the Third World each year. In many cases, people die because they cannot afford the medication needed to save their lives. In others, there are simply no drugs available because there are no wealthy western patients to justify pharmaceutical companies investing in a cure. This reveals a deep-seated problem within the patent system and the pharmaceutical industry that emphasises markets and profits at the expense of health and global welfare. Global efforts have seen substantial improvements in access to medicines in isolated areas, but with international agreements driving towards stronger patent protection and the expiry date for the TRIPS grace period fast approaching, it is time to consider alternatives which will allow the patent system to work for the humanitarian cause rather than against it. This paper considers two such problems in the patent system and pharmaceutical industry - prohibitive pricing and misdirected incentives - to offer a mode of regulation and enforcement that will support both a viable pharmaceutical industry and the human right to health and medication.

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Section: Mechanisms Available Under Trips To Lower Pricesmentioning

confidence: 99%

“…74 This has been approved of by the WTO and exploited by Botswana and Ethiopia to fast-track the path of generic drugs to the market. 75…”

Section: Causes and Solutionsmentioning

confidence: 99%

Enforcement Costs: Some Humanitarian Alternatives to Stronger Patent Rights

Trotter

2012

Med Leg J

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“…Different stakeholders including the government are essential in policy framework to help incorporate and support the integration of intellectual property considerations into its efforts towards formulating an innovation policy. Intellectual Property (IP) is a necessity for commercialization of innovations (Blakeney & Mengistie, 2011). In many projects, stakeholders have recognized that innovation systems include several components which need to work together, supporting and complementing each other's efforts to foster and nurture an innovation eco-system.…”

Section: Policy Developmentmentioning

confidence: 99%

Role of Policy Development in the Implementation of Technical Innovation Projects: a Case Study of Jkuat – Techexpo

Calvin,

Gathenya

2018

strategicjournals.com

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Emergence of the technological age and the spread of information and communication technologies (ICTs), has seen the development of global systems and approaches which aim to transfer best practices ICTs. The combination of different types of knowledge by all stakeholders involved is a necessary process to initiate and to implement sustainable technological innovation projects. Each day there are young promising innovators providing solutions to everyday problems; however, many innovations which have been show cased in different expos never see the light of the day. A few succeed to go to the market but require support in order to commercialize. JKUAT Tech Expo is a student driven innovation expo that targets to expose and provide a forum through which students can interact with the industry by showcasing their projects and project ideas. Despite all the efforts put during the Expos, many of the innovations remain just that, innovations. Innovation activities should be guided by an adequate regulatory framework. This research sought to assess the role of stakeholder involvement in the successful implementation of Tech Expos in advancement of innovation projects exhibited. The study adopted an exploratory approach. The target population was drawn from all the JKUAT Tech Expo team leaders and implementation teams. A google form-online questionnaire was used. The data collected from the field was captured using Statistical Package for Social Sciences (SPSS) IBM version. Descriptive statistics was employed and a summary graphs, pie charts and frequency distribution tables given. Content analysis was used to analyze qualitative data to help triangulate quantitative data. Inferential statistics mainly involved the testing of correlation among the various variables. The questionnaires administered were all returned. Majority of the respondents were male. The findings revealed that stakeholders were involved greatly in setting up the objectives, however, stakeholder's duties and roles were not objectively defined, because the respondents could not openly define the level of engagement. During the policy development, there was an engagement gap between the management and the stakeholders. It is recommended in the Implementation of Technical innovation projects, stakeholders input should be considered in the policy development stage. A study on the low turnout of women innovators should be undertaken. Secondly, this study focused on public universities, one should be done in private universities to find if the factors cut across. The variables of the study contributed to a great significant however other studies should be done to check the effect of other underlying factors contributing to the Implementation of Technical innovation Projects.

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“…When LDCs are considered (Deere 2009, Blakeney andMengistie 2011a), it is suggested that they are particularly prone to ideational influence from the World Intellectual Property Organisation (WIPO) and the WTO. Some African LDCs have adopted stringent neoliberal IP law.…”

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confidence: 99%

Accumulation by dispossession and African seeds: colonial institutions trump seed business law

Dycke

2021

The Journal of Peasant Studies

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Since 1980, seed business law (patent law vis-à-vis agrobiotechnology, PVP law and seed laws) has been mainstreamed in the global South. Observers maintain that seed business law can lead to dispossession of farmers (Harvey 2004, 75), including in African LDCs (Mayet 2015). I analyse legislation, statistics and case studies (Senegal, Burkina Faso), and argue that in African LDCs, dispossession primarily takes place through capturing seed markets via institutions for direct control over seed distribution. Domestic elites and (global) seed businesses preferably control germplasm via marketing boards, seed subsidies and other former colonial rural institutions. Seed business law, therefore, remains largely disused.

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Intellectual Property Policy Formulation in LDCs in Sub-Saharan Africa

Cited by 8 publications

References 0 publications

Enforcement Costs: Some Humanitarian Alternatives to Stronger Patent Rights

Enforcement Costs: Some Humanitarian Alternatives to Stronger Patent Rights

Role of Policy Development in the Implementation of Technical Innovation Projects: a Case Study of Jkuat – Techexpo

Accumulation by dispossession and African seeds: colonial institutions trump seed business law

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