Intellectual property law
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Intellectual property law
Abstract
In this paper, we discuss trade-related aspects of intellectual property and a viable tool for the enforcement of benefit sharing. We will also discuss the importance of protecting traditional knowledge and local interests especially in developing countries and some of the conventions that are designed to protect biodiversity, for instance, the convection on biodiversity. It is a new concept in most developing countries since most of these countries did not consider the area as an important aspect as they felt as if it did not have any impact on society. On the other hand, developed countries hold that protection of intellectual property rights is very important since it will encourage private investors who play a big part in the economic development of the countries.
The paper also discusses the importance of benefit-sharing between countries especially during this period where many countries are trying to fight COVID 19. Making intellectual property available in order to address public health is very important as it helps overcome legal hurdles that may result from breaking intellectual property rights. It has become hard for some researchers to proceed with their research due to restrictions on intellectual property rights. This has also affected the sharing of other equipment needed to deal with the crisis for instance protective equipment, testing kits, and ventilators.
Introduction
Without the protection of ideas, individuals and businesses will not enjoy all the benefits of their innovation and fewer people will be motivated to focus on research and development. Intellectual property protection is therefore very important and this can be done through promoting the trade-related aspects of intellectual property rights (TRIPS). There is a need for enforcing intellectual rights since it not only protects the founders but also the consumers of the products that are covered by intellectual protection rights. Consumers, for instance, are able to make the right educated choices about the reliability, safety, and effectiveness of the products they choose to consume as a result of intellectual property rights ( Davoudi & Sizova, 2018). Also upholding intellectual property rights through the platform will help in driving economic growth and competitiveness. Intellectual rights protection also helps generate breakthrough solutions to global challenges.
It is very important for consumers to feel secure about a product for instance the main challenge facing the treatment of COVID 19 is the absence of any treatment or pieces of equipment that has been approved and not the access to the medicine (Gostin & Meier, 2020). Due to the strict regulations relating to intellectual property, it has been hard for some manufacturers to produce and distribute some equipment that is needed to cope with the virus for instance testing kits and other medical supplies (Rutschman, 2020). The intellectual property rights need to be protected in this case for instance since it will provide an incentive framework whereby the innovators will be assured of safe passage through each stage (FM‘t Hoen & Hogerzeil, 2018). The COVID 19 pandemic is causing profound and widespread suffering in many countries both developed and developing and therefore the governments should come together and agree on intellectual property rights policies that promote innovation to ensure that the pandemic is put to an end.
Traditional knowledge and local interests especially in developing countries can also be protected through TRIPS. It is important to protect traditional knowledge since it will help prevent third parties from misappropriating the knowledge and also stealing the knowledge and registering it their own. Some of these traditional knowledge may be in technology or other creative industries (Gała, 2020). In developing countries, it is very important to protect the traditional knowledge since there are many ideas that have not been claimed and therefore have not been issued with patents which might cause third parties to claim the ideas. This will ensure the protection of foreign ideas and knowledge between different countries since some international laws help withhold TRIPS agreements in different countries.
It is important for promoting benefit sharing since it ensures that there is smooth interaction between different countries and that helpful information is shared. This is very important in the current situation of dealing with COVID 19. Restrictions in the sharing of the protective equipment and other medical supplies to fight the pandemic may cause more harm especially to the developing countries that may not have enough materials to cope with the virus (Bassi & Hwenda, 2020).
Intellectual property owners should be provided with an atmosphere where they are sure that their ideas are safe and that they will receive full credit for their ideas but at the same time the laws should ensure there is the promotion of benefit sharing. The biodiversity-rich countries are in a better position since they have traditional knowledge and if intellectual property laws are enhanced then individuals and businesses will be prompted to share this knowledge that will be used by developed countries to come up with solutions to cope with the pandemic (Correa, 2018). The medical equipment can then be shared with the developing countries since it was their traditional knowledge that led to the discovery of the treatment for the virus.
References
Bassi, L. L., & Hwenda, L. (2020). COVID-19: time to plan for prompt universal access to diagnostics and treatments. The Lancet Global Health, 8(6), e756-e757.
Correa, C. M. (2018). Flexibilities provided by the Agreement on Trade-Related Aspects of Intellectual Property Rights. Bulletin of the World Health Organization, 96(3), 148. doi: 10.2471/BLT.17.206896
Davoudi, S. M. M. & Sizova, Z. M. (2018). Testing the Mediating Role of Open Innovation on the Relationship between Intellectual Property Rights and Organizational Performance: A Case of Science and Technology Park. Eurasia Journal of Mathematics, Science and Technology Education, 14(4), 1359-1369.https://doi.org/10.29333/ejmste/83651
FM‘t Hoen & Hogerzeil, H. V. (2018). Medicine procurement and the use of flexibilities in the Agreement on Trade-Related Aspects of Intellectual Property Rights, 2001–2016. Bulletin of the World Health Organization, 96(3), 185. doi: 10.2471/BLT.17.199364
Gała, P. (2020). Legal Protection of Traditional Agricultural Knowledge Relating to Genetic Resources. Studia Iuridica Lublinensia, 29(2).
Gostin, L. O. & Mason Meier, B. (2020). Facilitating access to a COVID-19 vaccine through the global health law. The Journal of Law, Medicine & Ethics, 48(3), 622-626.
Javed, G. & VK, D. (2020). Protection of Traditional Health Knowledge: International Negotiations, National Priorities, and Knowledge Commons. Society and Culture in South Asia, 6(1), 98-120.
Santos Rutschman, A. (2020). The COVID-19 vaccine race: Intellectual property, collaboration (s), nationalism, and misinformation. Washington University Journal of Law and Policy, 64.