The making of policy on Intellectual Property, Innovation and Technology within the Caribbean Community (Caricom), and the international agenda.

 

The making of policy on Intellectual Property, Innovation and Technology within the Caribbean Community (Caricom), and the international agenda.

By Abiola Inniss  Ph.D. LLM

Abstract  

Over the last three decades or more, the making and implementation of policy on intellectual property rights (IPRs), innovation, and technology within Caricom (Caribbean Community) has been fraught with issues. These include the lack of clear direction on the development of science, technology and innovation, and the attendant intellectual property policies and laws which would support their actualization at the level of the Caricom heads of Government and the highest levels of the Caricom administration. International groups and organizations have long attempted to raise the levels of awareness and usage of intellectual property rights in the region through investments in workshops, seminars, training sessions, and other mechanisms. This usually involves the private sector and public officials who most often have little impact at the level of policymaking. The challenge is for Caricom to plot a course which incorporates the development of innovation, technology and intellectual property rights which will propel the region to a greater scale of global competitiveness, and even more important, the creation of technologies which can assist the region with overcoming significant challenges such as food security and climate change. This essay discusses aspects of policy and procedure within Caricom, and the involvement of the international community. It highlights the issues and some possible solutions to them.

 

 

                

The focus on innovation and technology has become synonymous with the narrative on the advancement of so -called developing countries as one of the most important means by which countries can move from low to high levels of economic development, to the extent that some are advocating for the renaming of the world groupings from developed and developing to technology rich and technology poor. This does not, however, properly take into account the economic dynamics which underlie the categorizations as they have come to be known. The World Economic Situation and Prospects report (WESP), United Nations, 2023) prepared by the United Nations categorizes countries into three broad areas, developing economies, economies in transition, and developed economies, and it seems as though movement through the categories follows a linear pattern from the least to the greatest. It is not quite so certain how so- called technology poor countries move into becoming technology rich without any definable transitory stages. 

The impassioned clamoring of advocates for changes in the way the world is viewed is of little value where it is unaccompanied by real solutions to the challenges faced in creating the kind of impetus needed for poor and developing countries to propel themselves from one level to the other. It is highly unlikely that the re-naming of categories of countries can actually change the reality on the ground. The fact is that the North -South (developed-developing) delineation exists along with particular distinguishing conditions.

               It is the same with many of the well- meaning initiatives which come from some developed countries through assigned agencies and funding for the promotion of Intellectual Property Rights (IPRs) innovation and technologies in developing countries. These efforts are often short-term project cycles which assume that what is needed is a demonstration of the worth of innovation, a contest for young innovators followed by a brief period of mentorship for contest winners, and away will go the innovation for development train ... or not.

The advocacy for intellectual property rights, and the quest to find the means by which it can be propagated in countries which seem unable to initiate and sustain programs which actually work are important and are not actuated out of pure philanthropy; rather it is a combination of the considerations of substantial economic advantages which can be gained by bringing an end to a lopsided relationship in which billions of dollars in possible revenues to developed countries are lost in countries which are weak in innovations and her twin sister intellectual property rights. Most of these initiatives are not as focused on encouraging innovations as on the implementation of intellectual property rights.

                

Without doubt there is the firm belief by some academics (You, Kefei, Dal Bianco, Silvia and Amankwah-Amoah, 2020) and volunteer service sectors that developing countries can begin to bridge the technological gap by making use of old technologies from developed countries, and that with globalization as a catalyst, the process must necessarily move much faster. The instance of the widespread use of cellphones in Africa is an example of how imported technology impacted everyday life across an entire continent, but the actual evidence of other technologies having the same effect is chastening. There has been little success in the importation and widespread adaptation of different technologies in local usage for several reasons, among which are the lack of knowledge about the how to use it, the applicability to local circumstances, and that the scale of usage that is often so small or so expensive that it remains within the purview of a few and often privileged sections of the society. The latter occurs mostly in industrial sectors where modernization through imported technologies would entail resources which are not readily available to the business or communities which could benefit from them. Localized solutions which require innovation and appropriate technological support are more suitable to adding greater levels of proficiency and comfort to those societies.

                 All of this would seem to augment the argument for the approaches of the governments and agencies mentioned before, namely, the ad hoc programs which seek to promote the use of IPRs and innovation and technology in the hope of creating movement within communities, except that those too have failed to result in any lasting momentum in innovation in developing countries in the Caribbean. The reason for this is that the programs are not sustained for any lengthy time periods which would serve to institutionalize the culture of innovation and technological development. Undoubtedly this kind of effort should come from a sustained policy position of regional governments in which there is a dedication of resources towards science and technology, perhaps as a fixed percentage of each country’s GDP. Among countries which were formerly in the South category, Singapore is a prime example of how government economic policy which centralizes science and technology as a means of growth and development can propel a nation to economic prosperity. It is now reportedly the third richest country in the world. 

 So, what about the Caribbean countries and the ‘donor industry’ which arrives on their shores in rescue mode with nicely packaged ideas on how best to promote intellectual property and innovation?

In 2020 the European Union initiated CARIPI (European Union, 2024) a major project in Cariforum (Caricom and the Dominican Republic) which has had broad based goals of awareness and training in the utilization of intellectual property with the cooperation of government departments and the Caricom Secretariat (Caricom, 2024). The project is set to last four years and it is hoped by the convenors that it will have the effect of creating the impetus needed for a greater utilization of intellectual property in ways that benefit regional stakeholders.

If it is to be considered that it is the policies of individual governments as far as concerns intellectual property and innovation which will drive any change in usage in any given country, it will become apparent that while the initiative to raise awareness and increase the usage of intellectual property rights at different levels of society may be useful to a few who receive the training, the lack of personnel, infrastructure, relevant policies and laws will continue to make such projects into interesting experiences for the participants without influencing the policy space at either governmental or regional levels in the Caribbean.

It must be understood that while Caricom is a regional body which has fifteen member countries which have signed unto it through the treaty of Chaguaramas  (Caricom, 2024), and has several instruments and organizations for legal dispute resolution – The Caribbean Court of Justice (CCJ, 2024),  diplomatic relations- Caricom Regional Negotiation Machinery (Caricom, 2024), and economic development in the Caricom Single Market and Economy (Caricom, 2024)  (which is still being developed); unlike the European Union it does not have an overarching legal and regulatory regime for its member countries which includes all aspects of trade and intellectual property and also utilizes a common currency. This means that each signatory country retains its policy and legislative autonomy in these areas resulting in various levels of implementation and enforcement of IP laws and policy implementation. It is noteworthy that while all Caricom countries have signed unto the TRIPS agreement, few have signed into it by enacting legislation that incorporates the standards it requires. 

It is within this context that external interests desire to encourage a change in the ways in which intellectual property is utilized in the region construct programs to promote its usage and    implementation. The common methodology (which can be called the bottom-up approach) as has been described above has been to host workshops and seminars, other training sessions and outreach programs to businesses and organizations, as well as government agencies on how to use IP and the benefits that it may bring through its usage. Yet there has not been much attention and resources placed on the exploration of benefits to individual or multiple countries in the Caribbean through scholarly studies which can be used to provide empirical evidence to policymakers and in turn in the creation of suitable laws and policies for the benefit of their countries.

 The creation of such studies truly ought to be done in conjunction with other methods but is often neglected because it requires resources such as money and teams of experts and adequate time. Such studies can take years to complete and carry the risk of being shelved by government officials who may hold the area of responsibility. However, when consideration is given to the rate of success in terms of sustained effects and return on investment in such programs, it can be easily deduced that not much progress has been made over the decades of these kinds of initiatives using the bottom-up approach and without empirical evidence on the advantages of efficient IPRs schemes to policymakers who would include it in the national agendas.

Yet, international organizations persist decade after decade in repeating this flawed approach in the Caricom region. Additionally, there is not much scholarship on intellectual property in the Caribbean region, an essential tool which can be used to guide international organizations and government officials alike as to useful approaches which can have sustained effects, lifting both the policy discourse and the levels of effort at implementation of policies and laws which balance the interests of the society with economic growth and regulated IP interests.  

The Caribbean region can provide an interesting and valuable resource for studies on the effects (or lack thereof) of policy on innovation, technology, and intellectual property. The social and cultural norms can also be considered in investigating the reasons for the comparatively low levels of innovation with other developing regions as is evident from the WIPO innovation index from its inception to 2023.

The approach of donor organizations to IP projects in the Caribbean has failed to properly consider that the factors that affect the utilization of intellectual property rights often go beyond mere ignorance that such rights exist and may be part of a cultural or economic norm for the country. In a 2017 study (Inniss, 2017) it was found that among the four major Caricom economies examined, namely, Guyana, Barbados, Trinidad and Jamaica, Guyana stood out as having the highest level of innovation amongst Small and Medium sized enterprises whilst having the lowest level of intellectual property rights laws, enforcements and policies. There is need for further study to help understand the contributing factors to this occurrence especially since it deviated from a standard hypothesis that stronger IPRs result in greater innovations in developing countries.

It is important to make reference to two hypotheses which have been utilized by social scientists in researching intellectual property rights in developing countries. The first is that stronger IPRs which include updated laws and reasonably robust enforcement result in greater advancement in innovation and technology (Brewster, 2011). The second is that stronger IPRs can restrict the process of development through preventing access to technologies which can be copied and varied to suit the needs of consumers and communities (Hammami, 2021). This proposition makes the argument that developed countries have an unfair advantage in terms of wealth and intellectual resources along with diplomatic and economic dominance in the international community. It is therefore thought that in order to balance out the disparities, IPRs should be minimal or non-existent (Martin, 1996). 

The Caricom region comprises countries which fall within the different economic categories in the WIPO index 2023 (World Intellectual property Organization, n.d.).  These categories have been named as high income, upper middle income, lower, middle income, and low income, with additional categories which place their level of performance against their economic status.  Notably, Jamaica is listed as upper middle income and as having higher than expected performance for its level of development. The only other listed country is Trinidad & Tobago under High income countries, but which was not placed into any special category for innovation. Both countries have specialized intellectual property offices, modernized laws, and are signatories to a number of international treaties on IP, however, the level of enforcement is unclear at this time.

The point here is that there remains a lot of work to be done if the Caricom region is to develop a comprehensive regime for intellectual property, The piecemeal attempts of various international groups, even in collaboration with Caricom can only yield equivalent results, since without supporting policies and mechanisms, laws and infrastructure, the communities which the donors attempt to orient towards new modus operandi must of necessity revert to the old way of doing things because of the systemic structures that are present for them to use. The most challenging aspect of creating policy which translates into tangible change in the region lies in the ability to use scholarship and evidence to influence the trajectory of thought and action by policymakers. Unlike what often occurs in most developed countries, policymakers are less likely to consult thinktanks, conduct feasibility studies, commission studies and support university collaborations in creating systems for advancement in most areas of governance. Elected officials tend to make decisions based on political expediency or the knowledge of so-called advisors which results in mediocre results and very little development in the thrust for innovation.

Additionally, the competing arguments about whether it is the responsibility of the private sector to advance the development of innovation and technology in a country; or whether it belongs to the government which holds the reins of development for the entire country at different levels as the driver of growth and beneficial change, are still extant in some developing countries. This includes those in Caricom. 

These arguments persist notwithstanding the examples of the US government space and science programs, the government of India’s space, science, engineering, and technology program. In South America, Chile, Argentina, and Brazil among others, have robust science and technology programs which are government funded and competitive. The private sector is also engaged in large-scale technological developments which makes for all round advancements in both private and public sectors. These examples ought to illustrate that science and technology should not be left to either government or private sector to promulgate individually but should be carried out alongside each other. The public nature of government science programs also provides greater balance between access to technological developments for the public good and private capitalist profiteering.

It stands to reason that such approaches to developments in science and technology tailored to suit country conditions could be implemented by Caricom countries. At another level, the Caricom Community could establish an agency for the development of science and technology which would oversee the development of intra-regional collaborations though science institutions and universities, and also include collaborative projects with the private sector. This would also allow for smaller inventors to have access to platforms to receive funding and showcase their creations.

These kinds of policy initiatives would create the necessary and meaningful change needed to propel science and technology developments in Caricom, and along with them, intellectual property rights protection policies and laws. It is this level of comprehensive approach that is needed to make IPRs far more important and impactful for the region at large and to communities and businesses within the region across the range IPRs interests from traditional knowledge to trademarks, industrial design, trade secrets, new plant varieties, patents and copyright.

Conclusion

The role of policy in creating the catalyst needed for the development of technology, innovation, and Intellectual property rights usage and management, while it may be broadly understood by policymakers and innovators, is largely ignored in favor of the expediency of quick gains touted by international organizations. These interests maintain their quest to maximize gains from adherence to international intellectual property rights regimen such as the TRIPS (Trade Related Aspects of Intellectual Property Rights) agreement (World Trade Organization, 2024) , and WIPO administered treaties (World Intellectual property Organization, n.d.) such as the Paris Convention, the Berne Convention and others, by promoting the use of IPRs and especially encouraging governments to sign onto international agreements by enacting their provisions into local laws. It is argued that greater IPRs will encourage the development of innovation and technology, although the evidence from the Caricom region neither confirms nor disconfirms this theory, leaving much work to be done in investigating the relationships between IPRs and technology growth, and how local circumstances could influence policies for the creation of change. 

The interventions by international organizations have been carried out thus far, serve only to attempt to align the regional adherence to a broader international agenda conceived and led by those interests. It is for the Caribbean Community to plot a course for the development of innovation, technology and intellectual property rights that will work to advance the region and its individual countries. There is little to be gained from implementing intellectual property laws which align with international regimen without the creation of structures for the holistic development of science, innovation and technologies which will aid in the advancement of the communities. 

Food security, and agriculture, climate change adaptation, water resources, marine biology, forest conservation and exploitation, conservation of animal and plant species are some of the areas in which the Caribbean region is in dire need of technologies which will ensure sustainability and survival. It is doubtful that the wholesale copying of technologies will work to resolve the issues that arise in these areas. Rather, it is an exchange of knowledge and the development of endogenous techniques which will help to create solutions to the problems. Intellectual Property Rights play the role of protecting scientific discoveries and techniques so that they may be further developed and deployed while acknowledging the originators and ensuring a just return for their efforts. This is the reason for advocating intellectual property rights, innovation, and technology as essential complements to each other.

Serious advocacy must be made for the creation of approaches that take into account the factors of need, resources, applicability, and the thrust for development in creating policies and programs that will advance the development of the communities in the Caribbean region. In this way, preservation, sustainability, and growth may be attained through the creation of suitable technologies and innovative measures. The piecemeal promotional projects in intellectual property do not serve in the development of the Caricom region or the Caribbean as a whole. Policy planning and evaluation are essential tools in the process of creating the framework for intellectual property, science and technology, and innovation. Without this, the Caricom region can reasonably expect to continue to balance on the brink of decline and collapse, while international organizations and business interests push their own agendas to offer leadership for gain. It is time to rework the approach to policy creation and implementation in the Caricom region.

References

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