TRIPS and Innovation: How Recent Developments Might Inform Canada's Foreign Technology Policy

Abstract:

Since the adoption of the TRIPS Agreement as part of the WTO set of agreements in 1994, the level of complexity and sophistication of intellectual property policy making around the world has increased sharply. No longer viewed as a simple matter of adopting model provisions in copyright, patent, and trademark law, intellectual property policy makers now speak of IP governance, indicating that IP forms part of a broader policy equation with one ultimate aim: increasing commercially relevant creativity and innovation. If done correctly, this will increase welfare and economic development. Although “governance” does not imply that one size fits all, a number of lessons can be drawn from recent analyses, including the importance of innovation clusters combining public and private funding and higher education resources with structures to attract and retain innovators and new companies. This should lead to a more nuanced and collaborative view of the global innovation picture, and one which Canada’s policy makers should consider.