Introduction

Rapid advancements in science and technology have posed immense challenges to the international patent system, which has created wealth for as many as it has sparked outrage in others. This technological revolution has triggered unprecedented global competition that is likely to accentuate the polarity and disparity between nations in intellectual property rights creation, exploitation and utilization.

Whilst some differences may never be equalized, global and open dialogues must prevail for further utilization of the inherent flexibility within the international patent system in order to forge shared values for a robust patent regime that meets common approval. The lack of homogeneity in industry, national economic and technological performance may compel more rigorous differentiation over time, space and subject-matter to accommodate overriding public interests, such as those relating to public health and development.

Due care must be taken to ensure greater flexibility in implementation and avert the risk of alienation of any member nation or alignment of national blocs along lines of mutual interest. Whilst the temptation may often be to argue for enhanced protection, an over-zealous protection of intellectual property may stifle further innovation. Whilst no one denies that the patent owner deserves returns from the investment of considerable resources and ought to be adequately protected, the trade-offs cannot be ignored. We need to strike a better balance between public and private interests rather than assume that enhanced protection will continue to provide a panacea for innovation.