The evolution of global intellectual property instruments into trade related intellectual property rights (TRIPS) and its ineffective enforcement in developing world: a case study

• Main Author: Nasir, Saeed (Author)
• Other Authors: Cox, Noel (Contributor)
• Format: Others
• Published: Auckland University of Technology, 2009-07-08T00:30:25Z.
• Subjects: Qualitative research; IP rights; Developing countries; Legal hermeneutics; Case study; Thesis
• Online Access: Get fulltext

 This thesis aims to critically evaluate global intellectual property instruments with detailed analysis of the Agreement on Trade-Related Intellectual Aspects of Property Rights (the TRIPS Agreement) provisions in order to investigate the enforcement issues, confronted by the Developing Countries due to fragile legal infrastructure. These intellectual property laws are evolutionary and designed to protect and honour human intellectual creations since BC 400 which recognized them distinct from divine inspirations. Italian Renaissance witnessed the systematic recognition of human skill, craft, innovation and invention. Venetian Government institutionalized it by awarding patents and copyrights to skilled workers and publishers. Its primary purpose was to protect the trade and secondary was to foster intellectual creativity through reward and recognition. These rewards and recognitions, known as Intellectual Property Rights (IPRs), developed with each new invention and creation. Industrial Revolution accelerated it and developed nations entered into international conventions to protect their nationals and their interests across the borders. In 1995, the Agreement on Trade-Related Aspects of Intellectual Property Rights (the TRIPS Agreement) accommodated all the previous (IPRs) instruments and its enforcement linked with global trade. It was a dilemma for developing nations who were desirous to participate in global trading system for their economic development but could not administer (IPRs) regimes on their land due to fragile and static infrastructure. All assistance from developed countries during the transitional period could not address the problems due to alien prescriptions, applied to counter problems in the developed World. Developing Nations need innovative, flexible and indigenous approach to administer the TRIPS Agreement. A case study of Pakistan judicial environment to address the TRIPS enforcement issue has been conducted. The methodological approach of this thesis is the interpretive paradigm of the qualitative research tradition. This interpretive paradigm or framework is applied through the two methodologies of hermeneutics and case study.