One solution to this dilemma of protection vs. open sharing - of the disparity between rich and poor nations -is to acknowledge that different situations require different approaches. One proposal is to 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 with the humanitarian consideration to provide technology to the generality of mankind. Over- protection contributes to a widening economic disparity gap which may, in the end, be detrimental to all parties by destabilizing the global economy. Under the TRIPS agreement, developing countries should take advantage of the flexibility it affords by adopting its minimal requirements and then seek ways to regulate foreign firms. They should also avoid the highly restrictive UPOV91. The key is to strike a balance so that more players can join the global economy rather than being shut out of it.
There is a great deal of tension between the creators who use the works of others as raw materials and the enforcers who are looking to protect the intellectual property of all. Groups like Creative Commons , spearheaded by Larry Lessig, try to provide a space that allows artists to waive some of the their rights to their own intellectual property so that it may be used and acknowledged by other creators. Creative Commons is working to establish a foundation for legal manipulation and reproduction by amateurs. Lessig acknowledges the detrimental effect that knowingly breaking the law has on many of these amateur film makers and music mixers, especially since most of these people are children or young adults. Creative Commons and Wikipedia are working to encourage creativity in online creations through projects like Wikipedia Loves Art . Both of these organization encourage the legal use of intellectual property online.
Editorial on IPR Solutions
