Intellectual property rights and the Third World

Issues of generation, protection and exploitation of intellectual property (IP) are assuming increasing importance. The new IP regimes will have wide ranging socio-economic, technological and political impact. As per the obli gations under the Trade-related Aspects of Intellectual Property Systems (T RIPS), all the members of World Trade Organization (WTO) are supposed to im plement national systems of intellectual property rights following an agree d set of minimum standards. However, there is an increasing feeling that ha rmonization is demanded from those that are not equal, either economically or institutionally. The major concerns of the Third World about such harmon ization and the new challenge it faces in diverse areas of intellectual pro perty protection are discussed and some suggestions about the way ahead are made. The discussion includes the need for a fair play in technology transfer, cr eation of 'favourable economics' of essential medicines from the point of v iew of the Third World, protection of traditional knowledge, etc. The creat ion of Traditional Knowledge Digital Library (an essentially Indian initiat ive) and linking it to the International Patent Classification System (IPC through a Traditional Knowledge Resource Classification System is an import ant conceptual step forward. The possible models for material transfer and benefit sharing when products are created based on community knowledge are also discussed. Other discussions include the challenge of bridging the divide between the Third World and other developed nations, with special emphasis on intellect ual property information sharing, capacity building with creation of approp riate physical and intellectual infrastructure and awareness building. It i s argued that the Third World should negotiate a new 'TRIPS plus' which mea ns 'TRIPS plus equity and ethics'.