Has Creativity Died in the Third World? Some Implications of the Internationalization of Intellectual Property

This chapter examines the implications of the Trade Related Aspects of Intellectual Property Rights (TRIPS) agreement in the context of intellectual property (IP) issues in Third World countries. It focuses specifically on the impact of the new internationalization of IP on creativity in Third World countries. The chapter addresses the implications of TRIPS as a form of passive coercion; that is, the requirement that Third World societies establish particular forms of protection for intellectual goods as a condition to membership in the new multilateral trading system. It also examines the relationship between the "global model" of IP protection and the underlying values and norms expressed in the protection of creativity in the Third World. The chapter summarizes the merger of intellectual property with the multilateral trading system has ushered in a new era for international aspects of intellectual property protection. Recognition and protection of intellectual goods in indigenous societies differs from the modern treatment of intellectual property in industrialized nations.