
Tale Of Two IP Policies: A Few Remarks On IP Policies Of South Africa, India
Live LawThe Department of Trade and Industry of South Africa released the Draft Intellectual Property Policy Phase I in August this year. IP Policy explains the rationale: “…the South African government has to date not made full use of the flexibilities available within international trade rules through the pursuit of appropriate national policy and legislation”. South Africa’s IP policy is very clean in its development orientation, while the India’s IP policy moves away from such orientation even though the Indian Patents Act incorporated provisions to address the development concerns. The IP policy has expressly mentioned that it must first and foremost engender the ethos of the South African constitution and also reflect the country’s broader social economic development objectives. It is crucial for developing countries like India and South Africa to remain on the forefront in leveraging flexibilities contained in the TRIPS Agreement to ensure that they protect IP rights while simultaneously promoting public health, local manufacture, research and development, innovation, food security, environmental considerations, transfer of technology and broad socio-economic development.
History of this topic

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