Patents for Chemicals, Pharmaceuticals, and Biotechnology: Fundamentals of Global Law, Practice, and Strategy

By Philip W. Grubb | Go to book overview

3
PATENTS IN DEVELOPING COUNTRIES

I have seen with real alarm, several recent attempts in quarters carrying some authority to impugn the principle of patents altogether--attempts which, if practically successful, would enthrone free stealing under the prostituted name of free trade.

John Stuart Mill: Speech in the House of Commons. c. 1860

Level of Patent Protection 34
The Colonial Legacy 34
Erosion of Patent Protection 35
Transfer of Technology 36
Background 36
Restrictions on Licence Agreements 37
International Developments in the 1970s 37
Strength of Patent Protection--WIPO 37
Technology Transfer 38
New Developments in the 1980s 38
TRIPs Implementation--Changes to Patent Laws 39
Patent Term 40
Compulsory Licensing 40
Black Box Filings 41
Grant and Enforcement of Patents 43
The Convention on Biological Diversity (CBD) 44
Opposition to TRIPs 46
Possible Amendments to TRIPs 46
Disinformation 47
The Compatibility of TRIPs with the CBD 47
Economic Arguments 48
Summary 48

Level of Patent Protection

The Colonial Legacy

The majority of developing countries began their independence with patent laws which had been written by their former colonial rulers, for example the Indian Patents and Designs Act of 1911, or were closely based on such laws. Later, however, many developing countries considered that such laws, which generally gave strong patent protection, were not appropriate to their stage of

-34-

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