Part II Economic Regulation, 12 Intellectual Property and Technology Transfer

Abstract

This chapter discusses the role of intellectual property rights (IPRs) in multinational enterprise (MNE) operations. The predominant issue remains the ability of developing countries to access, and benefit from, the transfer of technology. In more recent years, issues of distributional justice, sustainable development and human rights protection have also arisen in relation to IPRs held by MNEs. The chapter focuses on two selected areas that illustrate the evolving debate on IPRs and the power of global business. These include the right of access to patented medicines, especially in developing countries, and the role of IPRs in the control of biotechnology and cultural knowledge. The adoption of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) in the World Trade Organization (WTO), and the emergence of certain technologically more advanced developing countries, has emphasized the free exploitation of IPRs in global markets, and has raised questions as to the limits of such freedom. As the chapter shows, a delicate balancing act must be performed between the freedom of IPR owners to exploit their rights and the public interest in access to technology and know-how.