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Innovation and Access to Knowledge
Internet Governance

About our Work

Increasingly, new information and communication technologies (ICT) such as the Internet are rapidly shaping how policies are made, disseminated, discussed, and implemented at the local, national, regional, and global levels. This is creating challenges for the global community in terms of shaping the rules and the structures necessary to ensure that the benefits of such ICTs are shared equitably and in a manner that supports the development prospects of the South.

The Internet is likely to become a “forcing” agent for change with respect to established institutions and patterns of organized rule-making and rule-implementation. Internet governance, in many ways, is closely linked to the issue of development and of human rights. The universality, indivisibility, interdependence and interrelation of all human rights and fundamental freedoms, including the right to development, are all closely interlinked to the promotion of sustainable development and the rule of law in international as in national affairs. In short, Internet governance is becoming a global governance issue.

The South Centre has undertaken some preliminary work on Internet governance-related issues through a pilot project on Internet Governance. The apparent absence of any coordinated and concerted effort among developing countries provided the ideal backdrop for the active involvement and participation of the South Centre.

In view of the above, the Programme will focus on the following issues relating to Internet governance:

  1. Follow-up and monitoring of the implementation of the WSIS’ Tunis Agenda for the Information Society
  2. Understanding and influencing the role, structures, processes, and rules of international organizations, including intergovernmental organizations,  such as the ITU, WIPO, ICANN, in Internet governance-related policy areas, with the view of ensuring that developing countries are able to participate effectively
  3. Monitoring, understanding and shaping international rules, structures, mechanisms and policies relating not only to Internet naming and addressing, but also to: the use and allocation of critical Internet resources; the security and safety of the Internet; the developmental aspects and issues pertaining to the use of the Internet; social, economic and technical issues (including affordability, reliability and quality of service) relating to the Internet; the use of the Internet to address cross-border crime and security issues;
  4. Monitoring and participation in the work of the Internet Governance Forum established by the WSIS, as well as in other international initiatives relating to Internet governance.

 

Publications

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Innovation, Technology and Patent Policy

About our Work

Patent regimes play an increasingly complex role in technology markets and although important work has already been undertaken regarding the issues facing developing countries in different sectors, important gaps remain with respect to understanding the changing role of patents in stimulating knowledge creation and diffusion. The issues are particularly complex when it comes to new technologies such as biotechnology, nanotechnology and technologies in the information and communications sector (ICTs). As patents become more important in determining access to fundamental research, essential products and services, and to economic development generally, it is critical that patent policy be subject to closer scrutiny by policy makers and researchers.

Work under the Programme focuses on filling research and analytical gaps regarding the tension between public domain and private appropriation of knowledge in areas related to public health and food security as well as communications, with a view to promoting a model of regulation that encourages development and social welfare.

Current Research Areas

The current research and policy analysis on innovation, technology and patent policy focuses on:

  • Innovation, Public Health and Incentives for R&D for Diseases that Affect Developing Countries:
    In addition to empirical and theoretical research, the work here includes technical and policy support for the implementation by developing countries of various recent WTO decisions and other processes such as the WHO Commission on Intellectual Property Rights, Innovation, and Public Health (CIPIH).
  • Biotechnology:
    The focus is on the questions of whether patenting of biotechnological inventions is desirable, and under what conditions, and where patenting is allowed or otherwise exists, to address the specific problems and challenges that arise.
  • Nanotechnology:
    The main work focuses on identifying the regulatory areas that need to be addressed with respect to this new technology and to undertake research and analysis aimed at providing policy makers with options regarding how to address the issues related to patents and technology regulation.
  • Patent Law Harmonisation:
    The research here focuses on the implications for developing countries of the global movement towards harmonisation of patent law including the Current Negotiations on the Substantive Patent Law Treaty (SPLT) at WIPO.
  • The Trade Implications of Patenting Trends:
    The focus here in on the global challenges, the special problems of developing countries, and options for solutions in relation to IPR and trade questions that arise with respect to the development of standards such the problems of disclosure and licensing.

 

Publications

For publications and papers on this issue area click here

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Access to Knowledge

About our Work

A growing number of academics and scientists, public interest groups and developing countries as well as LDCs have been actively pursuing an agenda for change in the way knowledge is produced and disseminated. The main concern is the negative effects that derive from the increased privatization of knowledge leading to the increase in the costs and availability of knowledge goods and services.

In the recent past, ideas for a new “governance of knowledge” structure are starting to be turned into practical proposals. While the proposals may vary, the different approaches seek to counterbalance the distorting force of trends towards privatization and appropriation by supporting the adoption and development of effective access to knowledge policies.  There are important challenges ahead in advancing any of the initiatives addressing the issue of access to knowledge and the problems of stronger standards of intellectual property protection. The different proposals also show the complexity of the issues involved, and hence the need for further research in the areas.

Current Research Areas

  • Alternative Mechanisms for Promoting Innovation, Access to Knowledge, and R&D
    The research focuses on the potential for innovation through alternative models to the traditional forms of IP protection.
  • Access to Digital and other Educational, Scientific and other Knowledge
    While digital technology offers powerful means to create and disseminate information, it also provides means to erect barriers to access and use of digital content. Research here focuses on technological protection measures (TPMs) and the regulation of “circumvention” devices; protection of broadcasting organisations including webcasting; the use of contract law to control access to digital works as well as the use of other forms of protection such as data base protection; and special problems and issues with regard to disabled people and in respect to distance education.

Publications

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Technology Transfer

About our Work

Experience with the implementation of international agreements with transfer of technology provisions, including the TRIPS Agreement, has been far from satisfactory. The importance of technology transfer has, on the other hand, actually increased rather than decreased and improving access by developing countries to existing and new technologies as well as promoting the development of their technological capabilities remains an important component of establishing a balanced and equitable system in the regulation of knowledge-based global markets. LDCs, in particular, remain in a dire situation.

At the same time, there have important global changes with implications for transfer of technology. For example, there now exist an important number of countries in the South, the so-called innovative developing countries, which have developed significant technological capabilities including in areas such as biotechnology and nanotechnology. Although the innovation and technological systems of these countries remain weak, and sometimes fragmented, important possibilities for technology exchanges and transfer between the countries of the South now exist. It is therefore important to consider, in addition to international systems for the transfer of technology from the North to the South, South-South mechanisms to facilitate and encourage technology exchanges and transfer among developing countries.

The Programme focuses on the question of technology transfer with a special emphasis on LDCs and questions around technology exchanges and transfer among developing countries.

Current Research Areas

The current research and policy analysis technology transfer focuses on:

  • Technology exchanges and transfer through South-South mechanisms and frameworks
  • Implementation of article 66.2 of the TRIPS Agreement
  • Technology transfer in the context of the discussions on the WIPO Development Agenda
  • Utilising the space created by the extension of transition periods under TRIPS for LDCs
  • WTO Working Group on Trade and Transfer of Technology

Publications

For publications and papers on this issue area click here

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Governance and Intellectual Property

About our Work

One of the most fundamental questions of our time relates to the type of governance architecture and the rules for the generation, use, and regulation of knowledge in a globalised world. In this regard, critical analysis is required to determine where the governance of issues related to innovation, access to knowledge, and intellectual property should be placed in terms of institutions and organizational forms. This means that, in addition to determining how a transnational system of innovation should look like, we need to determine how the system should be governed.

Deciding on the shape and structure of the regulatory regime for innovation, access to knowledge, and intellectual property, the detailed rules that shape it, the balance of interests to be met and the measures by which it is judged requires the involvement of broad range of stakeholders and inputs than those from legal and technical groups, which are North-focused and acting under the strong influence of corporate lobbies, that make up the intellectual property today. Although the UN has a wide-ranging mandate to address these issues, the overall approach in the last two decades has been disparate. There needs to be a greater focus and research by UN agencies on the governance challenges of the knowledge society including the IP implications.

In this regard, the Centre’s work under this rubric seeks to contribute to addressing the governance problems that the global community faces.

Current Research Areas

The current research and policy analysis on governance issues focuses on

  • Intellectual Property Impact Assessment including Human Rights Impacts
  • Principles and Guidelines for International Standard-Setting on Intellectual Property and Related Standards
  • Review of TRIPS Agreement and other WTO agreements such as TRIMS in light of their of their Impact on Innovation, Access to Knowledge, and Development Policies
  • Indigenous and Traditional Knowledge, genetic resources and the Relationship with Intellectual property
  • Key processes and international policy discussions in other key international organisations including WHO, FAO, UNCTAD, UNESCO, ITU, UNEP, CBD, etc.
  • Regional and bilateral FTAs
  • Dispute Settlement on Intellectual Property Issues in the WTO and beyond, including the question of non-violation complaints and investment disputes

Publications

For publications and papers on this issue area click here

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