The Impact of IPR on Developing Countries

  • Harsh Vardhan and Mahewash Mariyam Alam
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  • Harsh Vardhan

    Student at Amity Law School, Noida, India

  • Mahewash Mariyam Alam

    Student at Amity Law School, Noida, India

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Abstract

The impact of Intellectual Property Rights (IPR) on developing countries is a multifaceted issue that intertwines economic growth, cultural preservation, and social equity. This paper explores the dual nature of IPR, highlighting both its potential benefits and the challenges it poses to developing nations. While IPR can stimulate innovation, foster economic growth, and facilitate technology transfer, its current framework often exacerbates existing inequalities by favoring multinational corporations over local creators and communities. This disparity results in barriers to access essential knowledge and resources, stifles local innovation, and perpetuates economic inequality. The paper delineates the benefits of IPR, including its role in promoting economic development, enabling technology transfer, and preserving cultural heritage. However, it critically examines the challenges associated with IPR implementation in developing countries, such as the restrictive nature of patent laws, high costs of access to medicines, and the inequitable distribution of benefits from innovations. The analysis underscores the need for urgent reforms to create a more equitable IPR landscape that empowers local communities while safeguarding their rights. In proposing a comprehensive set of reforms, this study emphasizes the importance of creating flexible IPR systems that recognize and protect traditional knowledge and local innovations. It advocates for the simplification of registration processes, the establishment of technology transfer programs, and the encouragement of collaborative research initiatives. Furthermore, enhancing legal education and awareness around IPR, promoting local content development, and advocating for socially responsible licensing models are crucial components of the reform agenda. The role of regional cooperation and international advocacy is also emphasized, as developing countries can leverage collective action to negotiate fairer global IPR frameworks. Additionally, the paper highlights the potential of digital technologies in transforming IPR management and enhancing access for local creators. By implementing blockchain for IP tracking and developing online platforms for registration, developing countries can streamline IPR processes and empower local entrepreneurs. Ultimately, the paper argues that a balanced IPR framework is essential for fostering innovation, protecting cultural heritage, and promoting social equity in developing countries. By addressing existing inequalities and implementing the proposed reforms, developing nations can create a more just and inclusive IPR environment that not only stimulates economic growth but also enriches their cultural landscape. This research serves as a call to action for policymakers, stakeholders, and international organizations to work collaboratively towards reforming IPR in ways that genuinely benefit local communities, ensuring that the fruits of innovation and creativity are shared equitably across society. Through these efforts, developing countries can harness the full potential of IPR to secure a brighter and more equitable future for their citizens.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 7, Issue 5, Page 1797 – 1832

DOI: https://doij.org/10.10000/IJLMH.118429

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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Copyright © IJLMH 2021