Analysis of A Global Solution for the Protection of Inventions

What we at Pro Humano Genere believe in is sharing the current burden that spurring innovation through patents entails among the different countries in accordance to their wealth. This conclusion, which was reached in this publication (available in its translation to English HERE), is driven by an analysis of three elements:

Justice – Validity – Effectiveness

The perfect rule must at the same time be valid, just and effective (click on each word, “valid”, “just” or “effective”, to learn more about why we believe TRIPS PLUS ULTRA will make each of these aspects better). Click here for a methodological note that explains its academic background. The TRIPS PLUS ULTRA proposal would create a more just, efficient (note that we use the words “efficient” and “effective” distinctly; this is because an analysis provides the objective conclusion of how this proposal would make the system more efficient, in an economic sense) and effective global system for spurring innovation than the present one, and has the potential to reset the system altogether, thereby leading to more harmonization around it. All of this could be possible, if a just system (like the one proposed by the TRIPS PLUS ULTRA proposal) were implemented.

In the international arena, the developed world pushes for a globally harmonized (addressed in the validity analysis), more efficient (in an economic sense) and effective (which has to do with compliance) system. The developing world pushes for a fairer one. The TRIPS PLUS ULTRA proposal provides an answer to both sides. It takes into account the particular nature of intellectual property and the history that has led us to the status quo. This is the ultimate flexibility which, because it is truly comprehensive, could allow for greater harmonization (developing countries advocate for flexibility while developed countries push for harmonization).

NOTE: The words effective and efficient have two different meanings. The first has to do with compliance with the regulation and the second has an economic connotation. A year after the English translation of the book that informs this web page came out, a paper was published with an economic analysis that proves, as well, the improved EFFICIENCY of the hypothetical TRIPS PLUS ULTRA system when compared with the status quo. In this way, this new study completed the analysis and provided an additional and forceful argument based on the overall economic global efficiency of the TRIPS PLUS ULTRA proposal.