Patents and Industrial Development

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Date
2011-11-07
Authors
Mwenda nee' Johnson, Marjorie Grace
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Abstract
This research concentrates on Zambia, as the title suggests. It endeavours to ascertain whether patents are playing an important role in the industrial progress of Zambia and if not why and whether patents owned by foreign patentees are used as a means of transfer of technology to Zambia from the developed countries and if not why. Further, why there are so few local patents. The international union for the Protection of Industrial Property, of which Zambia is a member,is examined in particular its effect on third world countries.Zambia's Patent Act and its origin is discussed. The relevant sections dealing with applications, duration of patents and licensing are looked at. Its conformity to the Paris Union is shown. The Paper also discusses the Industrial Property Organisation for English Speaking Africa of which Zambia is a member.The International Patent system and the various arguments for and against the present patent system are also discussed.These arguments are related to the Zambian situation in order to determine which may hold good.The background and reasons for the proposed revision of the Paris Convention are discussed.The proposed amendments are looked at and their possible effect on the Third world countries.Multinational Corporations, being the major holders of patents worldwide and thus the major controller of patented technology play a very important role in research and development. Their policies are highlighted regarding research in Third world countries and working of patents, and the relationship between the parent companies and their subsidiaries.Zambian industries are used as examples.The Draft Code of Conduct on the Transfer of Technology, seeks, among others, to prevent the including of the restrictive business practices in "transfer of technology" transactions with the Third World. The draft code is examined in detail and examples of such restrictive practices taken from Zambian industries Zambia's policies and incentives in the area of research are looked at.The problems facing third world countries, Zambia in particular, in the area of research and development are highlighted. Suggestions are made on what ought to be done to at least begin to solve some of these problem.
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Patent Laws and Legislation- -Zambia , Patents and Government- -developed inventions Zambia , Patents
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