Analysis by Adrian S. Cristobal Jr., director general of the Intellectual Property Office of the Philippines.

“It seems unlikely that US IP policy will change significantly under the Obama administration. The pharmaceutical industry remains a powerful lobby in the United States regardless of which political party is in the White House and Congress, and the same goes for Hollywood and the entertainment industry. The technology sector, from information technology to biotechnology, contributes significantly to the US economy. The influence of these and other industries that rely heavily on patents, trademarks and copyright is due to one simple fact—IP is the largest export of the United States to the world.

But some IP experts suggest that there may be changes in aspects of IP policy. Andrew Updegrove, attorney at technology law firm Gesmer Updegrove in Boston, suggests that in international IP treaties, the Obama administration would “possibly be more willing to listen to a diversity of voices on matters such as open source—as are many other governments throughout the world.” (IPW, 5-11-08)

On issues concerning access to medicines, Shamnad Basheer, an IP law professor at National University of Juridical Sciences in India, said “given his [Obama] focus on reducing health-care costs and his lack of an extreme ‘free trade’ vocabulary, he’s likely to be more partial to the use of compulsory licensing by developing countries to bring down their drug prices.”(IPW, 5-11-08)

Although US policy might not change significantly, what developing countries can perhaps expect, at the very least, is a more “open” US government with a “global outlook” that will listen and, from listening, will try other approaches in promoting innovation through the IP system in the developing world.

People and governments in developing societies appreciate the role of the IP system, but how to make the most effective use of it to promote creativity varies from state to state and at different levels of development. They are hoping that President-elect Obama, who lived in Indonesia, will understand this. They are hoping that as a champion of health care, and having used the democratizing power of technology in his historic bid for the presidency, an Obama administration will be more sensitive to the need for access to medicines, knowledge and technology in the developing world.

It sounds a lot to hope for, but that’s the audacity of hope.”