The Middle Intellectual Property Powers

Abstract

Commissioned by a project funded by the Hague Institute for the Internationalisation of Law, this chapter examines a group of middle-income countries that have played or will play important roles in the international intellectual property regime. It begins by noting the challenges in identifying intellectual property developments in middle-income countries, due in large part to their divergent needs, interests, conditions and priorities. The chapter then contends that a smaller subset of this group will play important roles in the international intellectual property regime. Termed the intellectual property powers, this subset includes Brazil, China, India, the uncontested leaders of the developing world. It could also cover other countries such as Argentina, Indonesia, Malaysia, the Philippines, Russia, South Africa and Thailand. Focusing on these emerging powers and drawing on statistics provided by the World Bank, the World Intellectual Property Organization and other organizations, this chapter identifies six common characteristics that are found within the group. It also examines the policy positions this group will take in the international intellectual property regime as well as the interactions they will have with other countries. The chapter concludes with four different lessons policymakers and commentators can draw from the experiences of the middle intellectual property powers.