This is a proposal that is: – convenient for developing countries

TRIPS PLUS ULTRA is convenient for developing countries, in addition to the rest of the world. For the whole picture, click here.

“Developing countries´ populations could benefit from shorter periods of monopolistic prices for new technology than currently (20 years). That is convenient for them, no doubt, and is also fair, taking into account the status quo. This is why even those who do not believe in the patent system at all should support the TRIPS PLUS ULTRA PROPOSAL, since it would entail less burden on those countries that suffer the most under the current system.

Some that believe in the current system have said that because developing countries have small markets (which in fact are not so little anymore), the contribution of the developing world to the system is insignificant. We believe the patent system should be maintained for poorer countries (provided the TRIPS PLUS ULTRA PROPOSAL is adopted (LDC countries as defined by the United Nations excluded), because they have aspirations to not remain poor. The developing world has the aspiration to start innovating itself, which could address some segments of the orphan diseases issues and other issues that concern them. Additionally, as they develop over time, it will be right to have legitimately benefited from technological progress overall by contributing to it according to their capacity in each state of developing they go through. Some of these countries are starting to advocate for stronger protection themselves, because they are beginning to innovate more and more and with a global impact. This is the path to development and TRIPS PLUS ULTRA is the answer. More agreements could follow to the point of an overhaul of the system, as TRIPS PLUS ULTRA could reset the system.”

(Text modified with authorization from the author; original at Donoso´s “A global solution for the protection of inventions”, page 93).

With this modification to the international patent scheme, it would be fairer, more efficient, and potentially more effective. Under TRIPS PLUS ULTRA, some issues concerning innovation could be viewed differently by the developing world. This is why it has the potential to generate a more harmonized system.

Remember, this proposal is also: