Legal perspective of transfer of technology and development in developing countries
| Main Author: | Perpustakaan UGM, i-lib |
|---|---|
| Format: | Article NonPeerReviewed |
| Terbitan: |
[Yogyakarta] : Universitas Gadjah Mada
, 2004
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| Subjects: | |
| Online Access: |
https://repository.ugm.ac.id/19534/ http://i-lib.ugm.ac.id/jurnal/download.php?dataId=2366 |
Daftar Isi:
- This paper is based on research in the areas of the intellectual property (IP) law and the international trade law. The research examines whether the TRIPs Agreement promotes transfer and technology (TI) and development in developing countries. The research is mainly library research, which is conducted at the Faculty of Law, Monash University, Australia. The completion of this paper is using a number of selected books and international journals, case law, documents of international organization, and international agreements. Valuable findings were shown by the research that in most cases, IP system, which is introduced by the TRIPs Agreement,fwould make technologies more expensive!' From this point of view, the TRIPs Agreement may not promote TT and development to developing countries. IP would promote innovation, but does not simultaneously promote TT and development.1As ) strong relationship between technology and economic development in the issue of TT, there is a need for re-thinking the TRIPs Agreement and a balancing between producers and users of IP When developing countries were obliged to strengthen IP protection, TT should have been implemented as an instrument of balancing the efforts of developed countries to give more access to technology and the rights of technology which is promised by the TRIPs Agreement, despite complex T7' agreements. Accordingly, the TRIPs Agreement should be able to eliminate distortion in international trade relating to IP. A reform proposal on the TRIPS Agreement is offered and several recommendations are also given to governments and international organization in order to scrutinize current system of IP rights protection-international trade interface and to establish a set of guidelines of behaviour on TT in favour of developing countries.