Here is another analysis article on a widely asked question – “Should treaties like the World Trade Organization’s TRIPS agreement be modified so developing countries can ignore software patents without facing WTO retaliatory measures?” Read along..
In my opinion, IPR should be preserved anywhere in the world. Making strict TRIP regulations has its major advantage in reducing the level of piracy – means, the TRIPs agreement should not be modified. However, the monetary aspect of patented entity is the major aspect that is luring economies to push it forward globally. Economy with more IPRs wins. Imposing TRIPs on WTO members is a part of this strategy.
I think, after all, the TRIPS agreement is modified; it should be done with the motive of reducing the influencing power and interests of the more developed economies in imposing the rules and regulations. It should be done after studying the effects of TRIPS on various economic levels – for eg : Level 1 developing economies such as Republic of Korea, Hong Kong, Israel etc to Level 3 developing economies such as India, Pakistan, Peru etc. As you said, there should be enough time gap given to them to establish their IPR schemes.
I would like to share this interesting and thought provoking paper – TRIPS and capability building in Developing Economies by Rasiah R., March 2002. It talks in detail about the effects of TRIPS on developing economies. The paper discusses in length about how TRIPS should be worked out for the betterment of developing economies and states that the TRIPS agreement will eventually help the developing economies to reap benefits in “protecting and evolving literary and other works of art and culture.”, provided, sufficient time and support is given.