Situating Intellectual Property Policy Into a Human Development Paradigm

Abstract

Human development emphasizes creating an enabling environment for people to cultivate initiatives and promote their freedoms, choices and capabilities to lead economic, social and cultural progress. Knowledge is a key component in that enabling environment. It is also the subject of intellectual property (IP) protection. In its current shape, the global IP regime increasingly contributes into locking up knowledge under private control. This approach does not necessarily promote human development objectives, particularly in developing countries with weak knowledge base. Developing countries need to ensure that their IP laws are situated within a human development paradigm. To achieve this, policymakers need to create the infrastructure to empower people to capitalize on knowledge by making knowledge inputs widely available. IP may assist in enhancing human development so long as it does not unduly undermine people's opportunities to access, reuse and recreate knowledge. I introduce two proposals to assist in situating IP into the human development paradigm. Firstly, developing countries should keep knowledge resources in open zones unless the privatization of knowledge is justified. Secondly, they should introduce policy and legislative measures to expand the open zone for people to access, use and re‐create knowledge and culture.