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Pharmaceutical Patent Protection And World Trade Law
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Book Synopsis Intellectual Property and Public Health in the Developing World by : Monirul Azam
Download or read book Intellectual Property and Public Health in the Developing World written by Monirul Azam and published by Open Book Publishers. This book was released on 2016-05-30 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: Across the world, developing countries are attempting to balance the international standards of intellectual property concerning pharmaceutical patents against the urgent need for accessible and affordable medicines. In this timely and necessary book, Monirul Azam examines the attempts of several developing countries to walk this fine line. He evaluates the experiences of Brazil, China, India, and South Africa for lessons to guide Bangladesh and developing nations everywhere. Azam's legal expertise, concern for public welfare, and compelling grasp of principal case studies make Intellectual Property and Public Health in the Developing World a definitive work. The developing world is striving to meet the requirements of the World Trade Organization's TRIPS Agreement on intellectual property. This book sets out with lucidity and insight the background of the TRIPS Agreement and its implications for pharmaceutical patents, the consequences for developing countries, and the efforts of certain representative nations to comply with international stipulations while still maintaining local industry and public health. Azam then brings the weight of this research to bear on the particular case of Bangladesh, offering a number of specific policy recommendations for the Bangladeshi government—and for governments the world over. Intellectual Property and Public Health in the Developing World is a must-read for public policy-makers, academics and students, non-governmental organizations, and readers everywhere who are interested in making sure that developing nations meet the health care needs of their people.
Book Synopsis Pharmaceutical Patent Protection and World Trade Law by : Jae Sundaram
Download or read book Pharmaceutical Patent Protection and World Trade Law written by Jae Sundaram and published by Routledge. This book was released on 2018-05-08 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: Patents, including pharmaceutical patents, enjoy extended protection for twenty years under the TRIPs Agreement. The Agreement has resulted in creating a two-tier system of the World Trade Organisation Member States, and its implementation has seen the price of pharmaceutical products skyrocket, putting essential medicines beyond the reach of the common man. The hardest hit populations come from the developing and least developed countries, which have either a weak healthcare system or no healthcare at all, where access to essential and affordable medicines is extremely difficult to achieve. Pharmaceutical Patent Protection and World Trade Law studies the problems faced by these countries in obtaining access to affordable medicines for their citizens in light of the TRIPS Agreement. It explores the opportunities that are still open for some developing countries to utilise the flexibilities available under the TRIPS Agreement in order to mitigate the damage caused by it. The book also examines the interrelationship between the world governing bodies, and the right to health contained in some of the developing country’s national constitutions.
Book Synopsis Intellectual Property Rights and International Trade by : Shayerah Ilias
Download or read book Intellectual Property Rights and International Trade written by Shayerah Ilias and published by Nova Publishers. This book was released on 2008 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction -- Intellectual property rights basics -- Global intellectual property holdings -- Contribution of intellectual property to U.S. economy -- The organized structure of IPR protection -- U.S. trade law -- Issues for Congress.
Book Synopsis Vaccines, Medicines and COVID-19 by : Germán Velásquez
Download or read book Vaccines, Medicines and COVID-19 written by Germán Velásquez and published by Springer Nature. This book was released on 2022-01-01 with total page 129 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book is a collection of research papers on COVID-19 by Germán Velásquez from 2020 and early 2021 that help to answer the question: How can an agency like the World Health Organization (WHO) be given a stronger voice to exercise authority and leadership? The considerable health, economic and social challenges that the world faced at the beginning of 2020 with COVID-19 continued and worsened in many parts of the world in the second-half of 2020 and into 2021. Many of these countries and nations wanted to explore COVID-19 on their own, sometimes without listening to the main international health bodies such as WHO, an agency of the United Nations system with long-standing experience and vast knowledge at the global level and of which all countries in the world are members. In this single volume, the chapters present the progress of thinking and debate — particularly in relation to drugs and vaccines — that would enable a response to the COVID-19 pandemic or to subsequent crises that may arise. Among the topics covered: COVID-19 Vaccines: Between Ethics, Health and Economics Medicines and Intellectual Property: 10 Years of the WHO Global Strategy Re-thinking Global and Local Manufacturing of Medical Products After COVID-19 Rethinking R&D for Pharmaceutical Products After the Novel Coronavirus COVID-19 Shock Intellectual Property and Access to Medicines and Vaccines The World Health Organization Reforms in the Time of COVID-19 Vaccines, Medicines and COVID-19: How Can WHO Be Given a Stronger Voice? is essential reading for negotiators from the 194 member countries of the World Health Organization (WHO); World Trade Organization (WTO) and World Intellectual Property Organization (WIPO) staff participating in these negotiations; academics and students of public health, medicine, health sciences, law, sociology and political science; and intergovernmental organizations and non-governmental organizations that follow the issue of access to treatments and vaccines for COVID-19.
Book Synopsis Intellectual Property and International Trade: The TRIPS Agreement by : Carlos M. Correa
Download or read book Intellectual Property and International Trade: The TRIPS Agreement written by Carlos M. Correa and published by Kluwer Law International B.V.. This book was released on 2016-06-27 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is the most far-reaching and comprehensive legal regime ever concluded at the multilateral level in the area of intellectual property rights (IPR). Compared to prior IPR conventions, TRIPS constitutes a major qualitative leap which radically modifies not only the context in which IPR are considered internationally, but also their substantive content and the methods for their enforcement and dispute settlement. This much-welcomed treatise, now in its third edition, thoroughly updates its comprehensive analysis of the substantive provisions of the Agreement and their actual interpretation and application in different jurisdictions, with new material on the burgeoning case law and on major changes in plant variety protection. As in previous editions, the book may be relied upon for in-depth clarification of such matters as the following: • standards established under the agreement; • enforcement measures; • social and legal issues; • legal and policy possibilities offered; • legislative latitude allowed to WTO Member States; • incorporation of TRIPS into domestic law; • protection of integrated circuit design; • protection of innovation and R&D for diseases that disproportionately affect developing countries; • challenges raised by ongoing technological changes; • access to medicines; • protection of confidential (undisclosed) information; and • interface between competition law and intellectual property protection. With fifteen chapters contributed by a distinguished panel of experts representing diverse parties — international organisations, legal practice, government policy, and academia — the third edition offers an incomparable framework for understanding the background, principles, and complex provisions of the TRIPS Agreement. Thoroughly revised and updated, the third edition will be of great value to all professionals and business people concerned with international trade. It stimulates further discussion and analysis in this area of growing importance to international law and international economic relations, particularly regarding the possibilities offered by the Agreement and the loose ends that may need consideration in the future at the national or international level.
Book Synopsis Promoting Access to Medical Technologies and Innovation - Intersections between Public Health, Intellectual Property and Trade by : World Intellectual Property Organization
Download or read book Promoting Access to Medical Technologies and Innovation - Intersections between Public Health, Intellectual Property and Trade written by World Intellectual Property Organization and published by WIPO. This book was released on 2013 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study has emerged from an ongoing program of trilateral cooperation between WHO, WTO and WIPO. It responds to an increasing demand, particularly in developing countries, for strengthened capacity for informed policy-making in areas of intersection between health, trade and IP, focusing on access to and innovation of medicines and other medical technologies.
Book Synopsis Private Patents and Public Health by : Ellen F. M. 't Hoen
Download or read book Private Patents and Public Health written by Ellen F. M. 't Hoen and published by . This book was released on 2016 with total page 181 pages. Available in PDF, EPUB and Kindle. Book excerpt: Millions of people around the world do not have access to the medicines they need to treat disease or alleviate suffering. Strict patent regimes introduced following the establishment of the World Trade Organization in 1995 interfere with widespread access to medicines by creating monopolies that keep medicines prices well out of reach for many. 0The AIDS crisis in the late nineties brought access to medicines challenges to the public?s attention, when millions of people in developing countries died from an illness for which medicines existed, but were not available or affordable. Faced with an unprecedented health crisis ? 8,000 people dying daily ? the public health community launched an unprecedented global effort that eventually resulted in the large-scale availability of low-priced generic HIV medicines. 0But now, high prices of new medicines - for example, for cancer, tuberculosis and hepatitis C - are limiting access to treatment in low-, middle and high-income countries alike. Patent-based monopolies affect almost all medicines developed since 1995 in most countries, and global health policy is now at a critical juncture if the world is to avoid new access to medicines crises. 0This book discusses lessons learned from the HIV/AIDS crisis, and asks whether actions taken to extend access and save lives are exclusive to HIV or can be applied more broadly to new global access challenges.
Book Synopsis Private Power, Public Law by : Susan K. Sell
Download or read book Private Power, Public Law written by Susan K. Sell and published by Cambridge University Press. This book was released on 2003 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analysis of the power of multinational corporations in moulding international law on intellectual property rights.
Book Synopsis Justifying Intellectual Property by : Robert P. Merges
Download or read book Justifying Intellectual Property written by Robert P. Merges and published by Harvard University Press. This book was released on 2011-06-13 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a sophisticated defense of intellectual property, Merges draws on Kant, Locke, and Rawls to explain how IP rights are based on a solid ethical foundation and make sense for a just society. He also calls for appropriate boundaries: IP rights are real, but they come with real limits.
Book Synopsis The WTO and India's Pharmaceuticals Industry by : Sudip Chaudhuri
Download or read book The WTO and India's Pharmaceuticals Industry written by Sudip Chaudhuri and published by Oxford University Press, USA. This book was released on 2005 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: The establishment of the World Trade Organization (WTO) in 1995 brought about significant changes in international economic relations between countries. To comply with the Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement of the WTO, India introduced product patent protection in pharmaceuticals from January 2005. TRIPS has generated a huge controversy in India and abroad. India has emerged as a major source of low-cost, quality drugs for the entire world and thus plays an important role. While there are a large number of pharmaceutical manufacturers in the world, only a handful of multinationals dominate the industry. By using patent rights, multinational companies prevented developing countries like India from realizing their potential of industrial growth and drug prices were among the highest in the world.
Book Synopsis New Essays in the Legal and Political Theory of Property by : Stephen R. Munzer
Download or read book New Essays in the Legal and Political Theory of Property written by Stephen R. Munzer and published by Cambridge University Press. This book was released on 2001-06-18 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays examines central issues of property theory from a variety of perspectives.
Book Synopsis Intellectual Property Law and Access to Medicines by : Srividhya Ragavan
Download or read book Intellectual Property Law and Access to Medicines written by Srividhya Ragavan and published by Routledge. This book was released on 2021-07-28 with total page 522 pages. Available in PDF, EPUB and Kindle. Book excerpt: The history of patent harmonization is a story of dynamic actors, whose interactions with established structures shaped the patent regime. From the inception of the trade regime to include intellectual property (IP) rights to the present, this book documents the role of different sets of actors – states, transnational business corporations, or civil society groups – and their influence on the structures – such as national and international agreements, organizations, and private entities – that have caused changes to healthcare and access to medication. Presenting the debates over patents, trade, and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), as it galvanized non-state and nonbusiness actors, the book highlights how an alternative framing and understanding of pharmaceutical patent rights emerged: as a public issue, instead of a trade or IP issue. The book thus offers an important analysis of the legal and political dynamics through which the contest for access to lifesaving medication has been, and will continue to be, fought. In addition to academics working in the areas of international law, development, and public health, this book will also be of interest to policy makers, state actors, and others with relevant concerns working in nongovernmental and international organizations.
Book Synopsis Access to Medicine in the Global Economy by : Cynthia Ho
Download or read book Access to Medicine in the Global Economy written by Cynthia Ho and published by Oxford University Press, USA. This book was released on 2011-04-21 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: The issue of how patents impact medicine has increased in significance within the last decade. The book provides an explanation of the current international infrastructure and explains how competing patent perspectives play a thus far unacknowledged role in promoting distortion and confusion.
Book Synopsis Managing the Challenges of WTO Participation by : Peter Gallagher
Download or read book Managing the Challenges of WTO Participation written by Peter Gallagher and published by Cambridge University Press. This book was released on 2005-12-15 with total page 682 pages. Available in PDF, EPUB and Kindle. Book excerpt: This 2005 compilation of 45 case studies documents disparate experiences among economies in addressing the challenges of participating in the WTO. It demonstrates that success or failure is strongly influenced by how governments and private sector stakeholders organise themselves at home. The contributors, mainly from developing countries, give examples of participation with lessons for others. They show that when the system is accessed and employed effectively, it can serve the interests of poor and rich countries alike. However, a failure to communicate among interested parties at home often contributes to negative outcomes on the international front. Above all, these case studies demonstrate that the WTO creates a framework within which sovereign decision-making can unleash important opportunities or undermine the potential benefits flowing from a rules-based international environment that promotes open trade.
Book Synopsis The TRIPS Agreement Implementation in Brazil by : Viviane Yumy Mitsuuchi Kunisawa
Download or read book The TRIPS Agreement Implementation in Brazil written by Viviane Yumy Mitsuuchi Kunisawa and published by Nomos Verlagsgesellschaft. This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Brazil's insertion into the World Trade Organization (WTO) has stimulated economic growth, as the country has been benefiting from lower trade barriers. The country has accepted the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) - Annex 1C of the WTO agreement - which sets out minimum standards of protection for Intellectual Property (IP) rights. Law No. 9,279, of May 14, 1996 was enacted to comply with TRIPS, suppressed restrictions to patentable subject matter, allowing patents in the pharmaceutical field. The granting of compulsory licenses as one of the flexibilities to patent rights provided in TRIPS and in the Brazilian law plays an important role in the governmental program of free distribution of drugs for the treatment of AIDS, evidencing the complex relationship between private and public interests. This study has been conducted with use of bibliographical method, providing for an analysis of the Brazilian patent law within the framework provided by TRIPS. The provisions on patents in the pharmaceutical area and compulsory license have been chosen to serve as the main driver for such analysis. Viviane Yumy Mitsuuchi Kunisawa is a Brazilian attorney specialized in IP Law.
Book Synopsis Emerging Powers and the World Trading System by : Gregory Shaffer
Download or read book Emerging Powers and the World Trading System written by Gregory Shaffer and published by Cambridge University Press. This book was released on 2021-07-22 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: Victorious after World War II and the Cold War, the United States and its allies largely wrote the rules for international trade and investment. Yet, by 2020, it was the United States that became the great disrupter – disenchanted with the rules' constraints. Paradoxically, China, India, Brazil, and other emerging economies became stakeholders in and, at times, defenders of economic globalization and the rules regulating it. Emerging Powers and the World Trading System explains how this came to be and addresses the micropolitics of trade law – what has been developing under the surface of the business of trade through the practice of law, which has broad macro implications. This book provides a necessary complement to political and economic accounts for understanding why, at a time of hegemonic transition where economic security and geopolitics assume greater roles, the United States challenged, and emerging powers became defenders, of the legal order that the United States created.
Book Synopsis Intellectual Property Rights in the WTO and Developing Countries by : Jayashree Watal
Download or read book Intellectual Property Rights in the WTO and Developing Countries written by Jayashree Watal and published by Springer. This book was released on 2001-02-23 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although it is common knowledge that the compliance of developing countries with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) has become a serious stumbling block in the WTO agenda, the underlying reasons why this is so have not been dispassionately analyzed until the appearance of this book. Here, for the first time, is a thorough and secure foundation on which international trade lawyers and business people can build a global intellectual property regime that is both productive and fair. The implementation of the TRIPS regime with its enormous effect on national and global strategies for healthcare, agriculture, and the environment, among other crucial sectors of the world economy is clearly among the most critical projects currently under way in the field of international relations. As a former TRIPS negotiator for India, Jayashree Watal brings great authority to her account of the benefits and pitfalls of TRIPS compliance for developing countries. She provides a detailed understanding of how TRIPS was negotiated at the Uruguay Round, how various countries have implemented it so far, and how the WTO monitors compliance. She reveals how the WTO dispute settlement process has worked to date in matters involving TRIPS, and how it is likely to deal with new issues that arise. Most importantly, she explains how developing countries can interpret TRIPS to their best advantage, and how to ensure that the `constructive ambiguity' that characterizes the agreement remains flexible.
