Interpreting TRIPS

Globalisation of Intellectual Property Rights and Access to Medicines

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Author: Hiroko Yamane

Publisher: Bloomsbury Publishing

ISBN: 1847318150

Category: Law

Page: 582

View: 3369

Protection of intellectual property rights (IPRs) has become a global issue. The Trade-Related Aspects of Intellectual Property (TRIPS) Agreement outlines the minimum standards for IPR protection for WTO members and offers a global regime for IPR protection. However, the benefits of TRIPS are more questionable in poorer countries where national infrastructure for research and development (R&D) and social protection are inadequate, whereas the cost of innovation is high. Today, after more than a decade of intense debate over global IPR protection, the problems remain acute, although there is also evidence of progress and cooperation. This book examines various views of the role of IPRs as incentives for innovation against the backdrop of development and the transfer of technology between globalised, knowledge-based, high technology economies. The book retraces the origins, content and interpretations of the TRIPS Agreement, including its interpretations by WTO dispute settlement organs. It also analyses sources of controversy over IPRs, examining pharmaceutical industry strategies of emerging countries with different IPR policies. The continuing international debate over IPRs is examined in depth, as are TRIPS rules and the controversy about implementing the 'flexibilities' of the Agreement in the light of national policy objectives. The author concludes that for governments in developing countries, as well as for their business and scientific communities, a great deal depends on domestic policy objectives and their implementation. IPR protection should be supporting domestic policies for innovation and investment. This, in turn requires a re-casting of the debate about TRIPS, to place cooperation in global and efficient R&D at the heart of concerns over IPR protection.

Interpreting TRIPS

Globalisation of Intellectual Property Rights and Access to Medicines

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Author: Hiroko Yamane

Publisher: Bloomsbury Publishing

ISBN: 1847316336

Category: Law

Page: 582

View: 1501

Protection of intellectual property rights (IPRs) has become a global issue. The Trade-Related Aspects of Intellectual Property (TRIPS) Agreement outlines the minimum standards for IPR protection for WTO members and offers a global regime for IPR protection. However, the benefits of TRIPS are more questionable in poorer countries where national infrastructure for research and development (R&D) and social protection are inadequate, whereas the cost of innovation is high. Today, after more than a decade of intense debate over global IPR protection, the problems remain acute, although there is also evidence of progress and cooperation. This book examines various views of the role of IPRs as incentives for innovation against the backdrop of development and the transfer of technology between globalised, knowledge-based, high technology economies. The book retraces the origins, content and interpretations of the TRIPS Agreement, including its interpretations by WTO dispute settlement organs. It also analyses sources of controversy over IPRs, examining pharmaceutical industry strategies of emerging countries with different IPR policies. The continuing international debate over IPRs is examined in depth, as are TRIPS rules and the controversy about implementing the 'flexibilities' of the Agreement in the light of national policy objectives. The author concludes that for governments in developing countries, as well as for their business and scientific communities, a great deal depends on domestic policy objectives and their implementation. IPR protection should be supporting domestic policies for innovation and investment. This, in turn requires a re-casting of the debate about TRIPS, to place cooperation in global and efficient R&D at the heart of concerns over IPR protection.

Private Power, Public Law

The Globalization of Intellectual Property Rights

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Author: Susan K. Sell

Publisher: Cambridge University Press

ISBN: 9780521525398

Category: Business & Economics

Page: 218

View: 8060

Analysis of the power of multinational corporations in moulding international law on intellectual property rights.

The Indian Pharmaceutical Industry

Impact of Changes in the IPR Regime

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Author: Yaeko Mitsumori

Publisher: Springer

ISBN: 9811067902

Category: Business & Economics

Page: 120

View: 2030

This study analyzes the impact of the revision of the Indian Patent Act (2005) on the Indian pharmaceutical industry, which has been achieving healthy growth over the past 30 to 40 years or more. As of 2005, the Indian pharmaceutical industry was ranked as No. 4 in the world in terms of volume and 15th in terms of value. WTO/TRIPS required India to revise its patent law, however, and to introduce product patents in the pharmaceutical field. Many not only in India but also in the world had argued that the local pharmaceutical industry could deteriorate once a strong patent law (such as a product patent) was introduced. However, the Indian pharmaceutical industry has continued to develop rapidly even after the revision of the patent law in 2005. This present study started with efforts to work out the reason the Indian pharmaceutical industry successfully expanded even after the introduction of product patents. The study found that a unique article (the so-called '3-d‘) inserted in the Patent Act 2005 might have played a role in diminishing or preventing a negative impact from the introduction of a strong patent system, such as a product patents. The study also considers that a change of the business model adopted by the Indian pharmaceutical industry might have contributed to diminishing the effect of the negative impact from the introduction of a strong patent law. This study also covers recent developments in India regarding intellectual property rights and the pharmaceutical industry. One is India’s very first compulsory license granted to an Indian pharmaceutical company, Natco, against the large German pharmaceutical firm Bayer; and the second is the Supreme Court decision on Novartis’ Gleevec. The study analyzes the fundamental problems that caused these two events: access to medicine and gaps in the concept of intellectual property in the pharmaceutical industry. As possible solutions to these fundamental issues, this book explores the ideas of voluntary licensing and tiered pricing.

Improving Access to HIV/AIDS Medicines in Africa

Trade-Related Aspects of Intellectual Property Rights (TRIPS) Flexibilities Utilization

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Author: Patrick Lumumba Osewe,Yvonne Korkoi Nkrumah,Emmanuel K. Sackey

Publisher: World Bank Publications

ISBN: 0821375458

Category: Business & Economics

Page: 65

View: 8444

The Agreement on Trade Related Aspects of Intellectual Property rights (TRIPS) requires all WTO members to adopt certain minimum standards for the protection of intellectual property rights including the rights of holders of patents for pharmaceutical products. The adoption of the standards delineated by the TRIPS Agreement appears to have resulted in significant loss of public health policy flexibilities for developing country members with respect to regulating the grant and use of pharmaceutical patents and controlling the cost of medicines. The Agreement, however, provides inherent flexibilities that are to enable member countries to take adequate measures to safeguard pubic health. This Study analyzes the extent to which countries in Sub-Saharan Africa have been able to utilize the flexibilities to improve access to HIV/Aids medicines. This is done primarily in relation to the two regional intellectual property organizations, the African Regional Intellectual Property Organization (ARIPO) and Organisation Africaine de la Proprit Intellectuelle (OAPI), bearing in mind the close linkages between the legal instruments of these regional institutions and the domestic laws of their member countries. It has been observed that in spite of the availability of the flexibilities provided by the Agreement, obstacles to implementation in SSA center mainly on lack of awareness and political will and lack of efficient administrative structures and procedures for coordination and decision making. The Study also examines the option of local manufacture of HIV/Aids medicines, based on the experiences of four countries, evaluates challenges to the sustainability of this option in the SSA context andmakes recommendations based on key findings.

Negotiating Health

Intellectual Property and Access to Medicines

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Author: Pedro Roffe

Publisher: Earthscan

ISBN: 1849772088

Category: Business & Economics

Page: 313

View: 3432

In developing countries, access to affordable medicines for the treatment of diseases such as AIDS and malaria remains a matter of life or death. In Africa, for instance, more than one million children die each year from malaria alone, a figure which could soon be far higher with the extension of patent rules for pharmaceuticals. Previously, access to essential medicines was made possible by the supply of much cheaper generics, manufactured largely by India; from 2005, however, the availability of these drugs is threatened as new WTO rules take effect. Halting the spread of malaria and HIV/AIDS is one of the eight Millennium Goals adopted at the UN Millennium Summit, which makes this a timely and topical book. Informed analysis is provided by internationally renowned contributors who look at the post-2005 world and discuss how action may be taken to ensure that intellectual property regimes are interpreted and implemented in a manner supportive to the right to protect public health and, in particular, to promote access to medicines for all.

Intellectual Property Rights and Climate Change

Interpreting the TRIPS Agreement for Environmentally Sound Technologies

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Author: Wei Zhuang

Publisher: Cambridge University Press

ISBN: 1108211143

Category: Law

Page: N.A

View: 3087

As the world confronts global warming, there is a growing consensus that the TRIPS Agreement could be a more effective instrument for mitigating climate change. In this innovative work, Wei Zhuang systematically examines the contextual elements that can be used in the interpretation of the TRIPS Agreement with a view to enhancing innovation and transfer of environmentally sound technologies. Zhuang proposes a balanced and pro-competitive interpretation that could be pursued by policy makers and negotiators. This comprehensive, multidisciplinary study will help academics and policymakers improve their understanding of the contemporary international legal regimes governing intellectual property rights and innovation and transfer of environmentally sound technologies. It also offers practical guidance for further developing a legal system capable of responding to the challenges posed by climate change.

Promoting Access to Medical Technologies and Innovation

Intersections Between Public Health, Intellectual Property and Trade

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Author: World Trade Organization

Publisher: N.A

ISBN: 9789287038395

Category: Law

Page: 251

View: 4441

"Public health is a global challenge, and therefore international co-operation has a high priority. The World Health Organization (WHO) is the global authority for health. But a range of other issues are involved in achieving health objectives, requiring WHO to join forces with counterparts. Two of these are the World Intellectual Property Organization (WIPO) and World Trade Organization (WTO). This book is the first ever joint study by the three, part of their collaboration on health, intellectual property, and trade. The book's focus is on advancing medical and health technologies ("innovation") and ensuring they reach the people who need them ("accessibility"). A huge amount of analytical and factual material is available on access to medicines and other medical technologies, and on innovation. Here, it is brought together in one concise volume. The book is designed to support governments and others -- particularly in developing countries -- who face an increasing demand to act, when governments want to increase access to effective treatments while containing costs. The underlying theme is: policies on these issues have to be viewed together in order to make real progress."--Publisher's description.

Resource Book on TRIPS and Development

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Author: N.A

Publisher: Cambridge University Press

ISBN: 9780521850445

Category: Law

Page: 829

View: 724

It is a guide to the WTO's Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).

Access to Medicine in the Global Economy

International Agreements on Patents and Related Rights

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Author: Cynthia Ho

Publisher: Oxford University Press

ISBN: 0195390121

Category: Business & Economics

Page: 410

View: 5598

Access to medicine is an important topic for all citizens of the world. While most people know that patents can increase the cost of medicine, important nuances of international laws that require nations to provide patents are frequently unknown or misunderstood. In Access to Medicine in the Global Economy, Professor Cynthia Ho introduces this issue to a diverse group of readers, including scholars, students and policy makers. While the focus of the book is the international arena, the book begins by explaining how drugs are developed and marketed to provide relevant context. It explains and interprets important international agreements, beginning with the landmark Agreement on Trade Related Aspects of Intellectual Property (TRIPS), but also including more recent free trade agreements and the pending Anti-Counterfeiting Trade Agreement (ACTA). Controversial topics are included, such as when a nation can provide a compulsory license, as well as whether a nation may suspend in-transit generic goods. The book also discusses how patent-like rights (such as data exclusivity") provide an independent barrier to the entry of lower-cost generic medicines in the marketplace, together with strategies for minimizing harm of such rights. The topics are made accessible through clear explanations and diagrams, frequently asked questions, and case studies. The case studies also provide a theory of patent perspectives that may shed light on why access to medicine is an agreed upon goal with a thus far elusive solution."

The Oxford Handbook of Intellectual Property Law

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Author: Rochelle C. Dreyfuss,Justine Pila

Publisher: Oxford University Press

ISBN: 0198758456

Category: Law

Page: 1072

View: 6341

We live in an age in which expressive, informational, and technological subject matter are becoming increasingly important. Intellectual property is the primary means by which the law seeks to regulate such subject matter. It aims to promote innovation and creativity, and in doing so to support solutions to global environmental and health problems, as well as freedom of expression and democracy. It also seeks to stimulate economic growth and competition, accounting for its centrality to EU Internal Market and international trade and development policies. Additionally, it is of enormous and increasing importance to business. As a result there is a substantial and ever-growing interest in intellectual property law across all spheres of industry and social policy, including an interest in its legal principles, its social and normative foundations, and its place and operation in the political economy. This handbook written by leading academics and practitioners from the field of intellectual property law, and suitable for both a specialist legal readership and an intelligent but non-specialist legal and non-legal readership, provides a comprehensive account of the following areas: - The foundations of IP law, including its emergence and development in different jurisdictions and regions; - The substantive rules and principles of IP; and - Important issues arising from the existence and operation of IP in the political economy.

Globalization and Intellectual Property

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Author: Alexandra George

Publisher: Ashgate Publishing Company

ISBN: 9780754624035

Category: Law

Page: 580

View: 6728

Intellectual property laws have become intricately entwined with discussions about globalization. This volume deals with the politics, economics and effects of global intellectual propertization. It provides essays covering key issues including the international relations of global intellectual propertization, the TRIPS Agreement and the tying of intellectual property issues to international trade negotiations, contentions that global intellectual propertization is a form of post-colonial neo-imperialism, globalization's effects on intellectual property law's classic doctrines and rationales and the cultural effects of global intellectual propertization.

Intellectual Property Rights and Economic Development

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Author: Carlos Alberto Primo Braga,Carsten Fink,Claudia Paz Sepulveda

Publisher: World Bank Publications

ISBN: 9780821347089

Category: Law

Page: 56

View: 4512

Over the course of history, different legal instruments for protecting intellectual property have emerged. These instruments differ in their subject matter, extent of protection, and field of application, reflecting society's objective to balance the interests of creators and consumers for different types of intellectual works. These legal instruments are just one of the pieces that form a national system of intellectual property protection. Also crucial to the system's overall effectiveness are the institutions administering these instruments, the mechanisms available for enforcing IPRs, and the rules regarding the treatment of non-nationals. To address some of the issues concerning IPRs, this paper defines what they are and attempts to evaluate the relationship between the protection of intellectual property and economic activity in developing countries. It also summarizes the economic effects of IPRs in terms of creation and diffusion of knowledge and information; and market structure and prices. Furthermore, it discusses the reformation of IPRs regimes and makes recommendations for their administration and enforcement. This paper consolidates some of the research from the 'World Development Report 1998/1999: Knowledge for Development' and some contributions made at an Internet-moderated conference conducted by the Bank's TechNet program. It will be of interest to governments, investors, and international organizations.

Promoting Access to Medical Technologies and Innovation

Intersections Between Public Health, Intellectual Property and Trade

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Author: World Health Organization

Publisher: World Intellectual Property Organization

ISBN: N.A

Category: Law

Page: 257

View: 7167

"This publication is the product of extensive collaboration between the WHO, WIPO and WTO Secretariats .... Research, authoring and substantive review was done by: Hans Georg Bartels [and six others]"--Page 6.

Intellectual Property and Development

Lessons from Recent Economic Research

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Author: Keith E. Maskus,Carsten Fink

Publisher: World Bank Publications

ISBN: 9780821383483

Category: Law

Page: 360

View: 7162

International policies toward protecting intellectual property rights have seen profound changes over the past two decades. Rules on how to protect patents, copyright, trademarks and other forms of intellectual property have become a standard component of international trade agreements. Most significantly, during the Uruguay Round of multilateral trade negotiations (1986-94), members of what is today the World Trade Organization (WTO) concluded the Agreement on Trade Related Intellectual Property Rights (TRIPS), which sets out minimum standards of protection that most of the world's economies have to respect. How will developing countries fare in this new international environment? Intellectual Property and Development brings together empirical research that assesses the effects of changing intellectual property regimes on various measures of economic and social performance - ranging from international trade, foreign investment and competition, to innovation and access to new technologies. The studies presented point to an important development dimension to the protection of intellectual property. But a one-size fits all approach to intellectual property is unlikely to work. There is need to adjust intellectual property norms to domestic needs, taking into account developing countries' capacity to innovate, technological needs, and institutional capabilities. In addition, governments need to consider a range of complementary policies to maximize the benefits and reduce the costs of reformed intellectual property regulations. This book will be of interest to students and scholars of international law, particularly in the area of intellectual property rights, international trade, and public policy.

Intellectual Property, Biodiversity, and Sustainable Development

Resolving the Difficult Issues

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Author: Kok Peng Khor,Martin Khor

Publisher: Zed Books

ISBN: 9781842772355

Category: Business & Economics

Page: 104

View: 2863

Intellectual property rights have become a major source of controversy. Corporations are now patenting human genes, plants, and other biological materials. In this book, Martin Khor examines the "biopiracy" phenomenon, its links to the TRIPS Agreement, and its various effects. This book provides a useful summary and analysis of the key aspects in this complex and controversial subject, and just as importantly, it describes the processes and debates now taking place in the WTO and other forums, and gives suggestions on how to move ahead on the various issues. Intellectual property rights have become a major source of controversy. Corporations are now patenting human genes, plants, and other biological materials. In this book, Martin Khor examines the "biopiracy" phenomenon, its links to the TRIPS Agreement, and its various effects. This book provides a useful summary and analysis of the key aspects in this complex and controversial subject, and just as importantly, it describes the processes and debates now taking place in the WTO and other forums, and gives suggestions on how to move ahead on the various issues.