A Hard Patent System: An Impediment to Technological (Economic) Development in Less Developed Countries

This book analyses western-type patent protection and its impact on technological/economic development in LDCs. Patentability requirements and traditional justifications of patent protection in DCs is analysed and the extent to which they apply in LDCs.
Through provisions on free movement of goods and free competition, and numerous cases of the ECJ, EC law is used to highlight monopoly rights in DCs and show limits beyond which the exercise of monopoly rights becomes adverse to technological and economic development.
The regulation of patent licensing in East Africa in comparison to EC is dealt with. Its real objective, contrary to views of western patentees, is depicted. Ways of improving it are suggested.
The author then looks at the provisions of TRIPS Agreement on patentability and licensing, and the impact they are likely to have on technology transfer and the growth of local industries in LDCs. It suggests ways of softening them and reasons why LDCs should avoid their strict adoption.
Finally, ACP-EU relationship in relation to technological and economic development is analysed. Changes necessary so as to have it produce positive effects at the wake of TRIPS are suggested.