One solution to this dilemma of protection vs. open sharing — of the disparity between the needs of rich and poor nations — is to acknowledge that different situations require different approaches.  Some have proposed that the WTO implement a two-tiered system whereby "private firms would retain opportunities to capture economic benefits in the market sector, while keeping the technology affordable for the subsistence sector."  

The benefits of protecting innovation with exclusive rights must be balanced against the humanitarian consideration of providing technology to those who need it most, but can least afford it.  Overprotection contributes to a widening economic disparity which may, in the end, destabilize the global economy and prove costly to all parties.  Developing countries should take advantage of the flexibility afforded by the TRIPS agreement, adopting its minimal requirements.  The highly restrictive UPOV91 should also be avoided.  The key is to strike a balance, allowing more players to join the global economy, thereby making that economy stronger and more profitable for all.

In an effort to bridge the divide, groups like Creative Commons , spearheaded by Larry Lessig, encourage artists to waive some rights to their own intellectual property so that it may be used and acknowledged by other creators.  Creative Commons is working to establish a platform for legal manipulation and reproduction by amateurs.  The originators of Wikipedia are of a similar mind: working to encourage collaborative creativity online, through projects like Wikipedia Loves Art.  These organizations represent a glimpse of a world that may yet come to pass, one in which free and legal access to intellectual property prevails.

Editorial on IPR Solutions