IQsensato Studies 1

“Innovation and Intellectual Property in the EC-CARIFORUM EPA: Lessons for Other ACP Regions”  by Sisule F. Musungu

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• Full document
• Parts:
  • Contents/summary
  • Chapter 1 – Introduction
  • Chapter 2 – Background
  • Chapter 3 – Development Analysis of the Innovation and IP Chapter in the EC-CARIFORUM EPA
  • Chapter 4 – Other EPA Provisions with Implications for Development-Oriented Innovation and IP Policies in the CARIFORUM Countries
  • Chapter 5 – IP in the EC-CARIFORUM EPA: Lessons for the African and Pacific Regions
  • Chapter 6 – Final Remarks
  • Endmatter

This first publication in the IQsensato Studies series analyses the innovation and intellectual property (IP) provisions in the Economic Partnership Agreement (EPA) between the European Community (EC) and its Member States and 15 Caribbean countries grouped together as CARIFORUM.

In particular, the study considers if, and in which ways, the obligations assumed by CARIFORUM countries extend the obligations assumed by these countries under the World Trade Organization (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) in a manner that compromises their ability to address their development needs, a situation commonly referred to as TRIPS-plus.

It also analyses the potential impact of these obligations and other relevant provisions in the Innovation and IP Chapter on the economic and social development prospects of CARIFORUM countries. This is particularly with respect to innovation for development, access to medicines, food security and biological diversity; the cost and implications of implementing the said obligations; and the lessons learnt for other ACP regions. This includes replicability of the innovation and IP provisions in the EC-CARIFORUM EPA for these other regions.

The overall conclusion of the study and the lesson for African and Pacific countries is that additional obligations on IP issues in EPAs should be viewed with utmost caution. Even in cases where the issue areas covered have the potential to bring development benefits, the obligations assumed may, on balance, be too onerous and costly for these countries to implement.