Weiteres Forschungsprojekt
Immaterialgüter- und Wettbewerbsrecht

Smart IP for Latin America

In recent years, Latin America increased its levels of innovation in different fields of technology and the production of cultural goods. However, the process has been very irregular. Intellectual property rules play a decisive role in the production of incentives. Nevertheless, it can have a twofold impact, in favor or detriment, depending on how countries adopt these rules.

Letzte Änderung: 07.11.19

The linkages between intellectual property and economic and social development are difficult to establish. In particular, it is problematic to determine the causal relationship between certain levels of intellectual property protection and indicators of trade, investment, innovation, and technology transfer. While TRIPS article 65 allowed to Latin American countries a transitional period, no Latin American country made full use of this possibility. The design of intellectual property rights in the region has been uneven. The subsequent negotiations of Free Trade Agreements have played a key role in how IP rights have been tailored in the region.

There is rather scarce literature on the impact of IP rights on economic and social development in Latin America, and the possible effects of adopting higher standards of protection have raised some concerns in the region. While the main changes in legislation have taken place during the 1990s, it is not possible to assert whether domestic laws and standards were calibrated to respond to local conditions and needs.

In recent years, Latin America has increasingly become a region for innovation in different fields of technology, such as software or biotechnology as well in the production of cultural goods such as music or audiovisual works.

Intellectual property policies are essential to foster the further development of these industries in Latin American countries. Regarding IP policies,  it is not possible to adopt a one-size-fits-all approach,  and there is a need for policies that are tailored to individual needs. Hence the study proposes to study different IP rights in Latin American and its implementation in several key countries. The focus is which IP policies Latin American countries can adopt to generate the incentives for the markets and industries relevant for Latin American countries taking into account the different national conditions and needs, as well as the relevance of cooperation between countries to have a strong negotiating position.

In particular, there is a need to examine the IP policies in the field of patent rights, which are one of the most relevant tools for the protection of inventions when they are new, inventive, and industrially applicable. Copyrights and collective management of these rights. The process for technology transfer in Latin America. As well as the tools to encourage and protect local products under geographical indications or other mechanisms. Intellectual property rules play a decisive role in the development of these industries in Latin American countries. However, if not tailored to the needs of the country, these policies can also have a negative impact and become a limitation for further economic growth.


Beteiligte Forschende

Juan Correa

Gonzalo Nazar de la Vega


I.3 Funktionswandel