UNITAR/South Centre: Intellectual Property Policy and Development
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Contexte
Development remains a critical issue of concern within the international community. Technological innovations and creativity play a key role in addressing and meeting developmental imperatives of the southern economies. Intellectual property rights can act as either incentives or impediments for innovative behavior and knowledge diffusion. Intellectual property rights also impact many areas of fundamental concern such as public health, agriculture and food security, access to digital information and environmental preservation.
International debates on intellectual property (IP) are becoming increasingly focused on the need to integrate a “development dimension” into IP policy making. An ongoing process in this direction is the implementation of the “WIPO Development Agenda”. As of 2007, it directs WIPO to adopt a broader approach to promoting creativity and innovation, and the link between intellectual property and development that goes beyond simply promoting IP property protection.
However, the costs of the emerging IP regime are disproportionately borne by developing countries. They are likely to face higher prices and lower availability of essential medicines and agricultural inputs, open up to fierce competition in innovation and technology sector, and face serious anti-competitive outcomes. Developing economies are being urged to adopt a complex set of rules and take on international responsibilities and obligations, many of them are not prepared to meet.
How can developing countries ensure that the current IP system preserves their policy space to meet the national development goals? The online course is prepared and executed by experts and practitioners with a wealth of experience on IP and development issues. It reflects the recognition that an IP policy course tailored to the needs and contextual specificities of the developing countries is greatly needed. The course stands out as it focuses on the main challenges facing IP policymakers in developing countries in designing and implementing suitable IP frameworks and policies. It will be useful for those wishing to bridge the link between research and policy, and policy and practice on ongoing and emerging IP and development issues.
Objectifs d'apprentissage
At the end of the course, the participants should be able to:
- Identify some of the basic concepts underlying intellectual property (IP) law and policy;
- Discuss the nature of the intellectual proprerty right (IPR), and to examine the key features of the main categories of intellectual property rights (IPRs); and
- Analyze the ongoing debate on the role and relevance of intellectual property rights in industrial policy, with a particular emphasis on the impact of intellectual property rights (IPRs) on developing countries.
Contenu et structure
Module 1: Introduction to Intellectual Property
- What are intellectual property rights (IPRs)?
- Why are IPRs important?
- The nature of the IP right.
- The different types of IPRs.
Module 2: The Historical Framework of Intellectual Property and its Internationalisation
- The different philosophies that influence the rationale for IPRs.
- The evolution of IPRs and how a municipal law became internationally important.
- The relationship between IPRs and international trade.
- How the establishment of WTO and the introduction of TRIPS redefined IPRs from a trade perspective.
- The basics of WTO dispute settlement.
- The implication of TRIPS for developing countries in the overall WTO system.
Module 3: Intellectual Property Rights and the Public Health Problem
- The role IPRs play in social welfare programmes, such as access to medicines and public health.
- The introduction of the TRIPS Agreement and how it changed the issue of access to medicines.
- The problem of public health and how IPRs affected the price of drugs.
- The role played by the generic pharmaceutical industry and how fear of bioterrorism changed the entire scenario.
- The Doha Declaration on the TRIPS Agreement and Public Health, issues related to the implementation of the declaration ? the waivers and its importance.
- The need to adopt measures to protect public health in general using the flexibilities available under TRIPS.
Module 4: Seeds and Intellectual Property Rights
- The evolution of IPRs on plants.
- The interface between technology and IPRs in the context of plants.
- Legal issues with respect to IPR protection for plants and plant varieties.
- The relevant provision in TRIPS and the interpretations of that provision.
- The different approaches in defining plants.
- Key features of UPOV 1978, UPOV 1991 and TRIPS with respect to IPRs on plants.
- The significance of IPRs in agricultural biotechnology.
Module 5: Tradtional Knowledge and Intellectual Property Rights
- The importance and relevance of Traditional Knowledge for developing nations.
- Protection in the context of TK.
- The various approaches to protecting TK.
- The relevance of IPRs in the context of safeguarding the interests of TK holders.
- The legislative measures and strategies adopted by developing nations regarding TK.
- The local, national and global dimensions of the issues in TK and IPRs.
Module 6: Intellectual Property Rights and Digital and Internet Content
- The definition of digital and internet content.
- The development uses of digital and internet content.
- The problems with respect to IPR protection for databases and software.
- The nature of technological restrictions on access and copying (encryption and anti-circumvention measures) and their effect on traditional IPR exceptions such as fair use.
- The structure of IPR global governance that affects access to digital and internet content.
- The potential of approaches such as compulsory licensing and Free/Libre/Open Source Software.
Méthodologie
In order to ensure the best possible outreach, the course will be delivered through e-learning. Through a multiple-instructional setting, the goal is to achieve the learning objectives by means of learning technologies that match personal learning styles and by the inclusion of non-linear learning that aims at the development of just-in-time skills of adult learners. At the same time, in order to allow participants maximum flexibility of scheduling , the learning will be conducted in an asynchronous manner. Using a state-of-the-art training architecture, UNITAR will combine self-learning with assessments and online discussions. The pedagogy - adapted specifically to professionals in full-time work - will help train participants through various experiences: absorb (read); do (activity); interact (socialize); reflect (relate to one’s own reality).
Public visé
The target audience for this course includes government delegates, public and private sector officials in charge of IP related issues (e.g. health, agriculture, trade, communications etc), parliamentary officials, academics, researchers, and civil society representatives.
Informations complémentaires
A certificate of completion will be issued jointly by UNITAR and South Centre to all participants who complete the course-related assignments and assessments successfully.
How to apply for a fellowship?
If you are a public sector official from a Least Developed Country (LDC), please register online using the online registration form (to open the form, click on the “Select” button at the bottom of this page).
You will automatically receive an invoice, but as a fellowship candidate, you are not required to make the payment. Please save the invoice for your records. In addition to the online registration form, please email the following to executive.education@unitar.org (please include the name of the course in the subject line):
- Curriculum Vitae (or short paragraph explaining work / academic experience)
- Letter of motivation
Please note that you will be notified whether you were selected one week before the beginning of the course.
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