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Trips Compliance National Patent Regimes And Innovation
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Book Synopsis TRIPS Compliance, National Patent Regimes and Innovation by : Sunil Mani
Download or read book TRIPS Compliance, National Patent Regimes and Innovation written by Sunil Mani and published by Edward Elgar Publishing. This book was released on 2013-12-27 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: With respect to intellectual property regimes, a significant change in international governance rules is mandated by the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS). This topical volume deals with the processes th
Book Synopsis Revisiting Trips Implementation by : Ken Shadlen
Download or read book Revisiting Trips Implementation written by Ken Shadlen and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the 1990s developing countries implemented new patent regimes to comply with their international obligations under the TRIPS Agreement. In general, the new TRIPS-style regimes adopted in most countries, which offer private rights of exclusion over more types of knowledge and grant owners with stronger and longer-lasting rights of exclusion, were not reflective of prevailing levels of scientific, technological, and innovative (STI) infrastructure and capabilities. Quite simply, most countries implemented new patent regimes as if they were already more developed. Subsequent years have witnessed a period of revision, as countries seek to redress the mismatch between their new, “oversized” TRIPS-style patent systems and their levels of STI capabilities. What forms might revision take? In this paper I draw attention to two complementary responses, “tailoring” the patent system to reflect national characteristics, and “aspiring” to grow into the new patent regime by attempting to buttress STI capabilities. I examine variation in national policy responses to the challenges of having adopted oversized patent regimes, i.e. combinations of tailoring and aspiring, based on comparative analysis of the experiences in Latin America's three largest and most industrialized economies (Argentina, Brazil, Mexico). I focus on how TRIPS-style regimes introduced in the 1990s created constellations of interests that affect the range of politically feasible policy responses during the later period of revision. In doing so I advance a dynamic approach to studying TRIPS implementation that highlights persistent diversity in the context of over-arching convergence, and that emphasizes the iterative and cumulative nature of patent politics.
Book Synopsis Optimal Patent Regimes in a Globalized World by : Joël Blit
Download or read book Optimal Patent Regimes in a Globalized World written by Joël Blit and published by . This book was released on 2017 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The TRIPS Regime of Patent Rights by : Nuno Pires de Carvalho
Download or read book The TRIPS Regime of Patent Rights written by Nuno Pires de Carvalho and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The World Trade Organization (WTO) Agreement on TradeRelated Aspects of Intellectual Property Rights (TRIPS) to a large extent incorporates and/or supersedes all previous international conventions on intellectual property rights. It provides, therefore, for a general and mandatory framework worldwide for the protection and enforcement of those rights. For this reason, the TRIPS Agreement has a direct impact on the daily life of corporations, governments and consumers.This book with the authoritative stamp of an experienced international functionary in the field--formerly with the WTO and currently with the Secretariat of the World Intellectual Property Organization (WIPO)-- contains a very practical explanation of the meaning of the patent-related TRIPS provisions, of how they should be reflected in national law and how courts are expected to enforce them.Among the complex questions the book answers in depth are the following:How do the Paris Convention and the TRIPS Agreement interact?What is the relationship between the Convention on Biological Diversity and the TRIPS Agreement?Can a WTO Member require the disclosure of the origin of genetic resources in patent applications as a condition of patentability? Was the Decision of the WTO General Council of August 30, 2003, on the implementation of paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health really necessary? How can developing countries implement that Decision?What are the obligations of WTO Members as regards the protection of test data under Article 39.3?For these reasons and more, the second edition of The TRIPS Regime of Patent Rights is a crucially important resource for lawyers interested in compliance and government officials charged with the implementation of TRIPS obligations.
Book Synopsis Intellectual Property Rights, the WTO and Developing Countries by : Carlos M. Correa
Download or read book Intellectual Property Rights, the WTO and Developing Countries written by Carlos M. Correa and published by Zed Books. This book was released on 2000-02 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Review of the Agreement
Book Synopsis TRIPS and Developing Countries by : Gustavo Ghidini
Download or read book TRIPS and Developing Countries written by Gustavo Ghidini and published by Edward Elgar Publishing. This book was released on 2014-02-28 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: TRIPS reflects the dominant view that enforcing strong intellectual property rights is necessary to solve problems of trade and development. The global ensemble of authors in this collection ask, how can TRIPS mature further into an institution that su
Book Synopsis Interpreting TRIPS by : Hiroko Yamane
Download or read book Interpreting TRIPS written by Hiroko Yamane and published by Bloomsbury Publishing. This book was released on 2011-03-21 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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 Coalitions and Compliance by : Kenneth C. Shadlen
Download or read book Coalitions and Compliance written by Kenneth C. Shadlen and published by Oxford University Press. This book was released on 2017-08-04 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: Coalitions and Compliance examines how international changes can reconfigure domestic politics. Since the late 1980s, developing countries have been subject to intense pressures regarding intellectual property rights. These pressures have been exceptionally controversial in the area of pharmaceuticals. Historically, fearing the economic and social costs of providing private property rights over knowledge, developing countries did not allow drugs to be patented. Now they must do so, an obligation with significant implications for industrial development and public health. This book analyses different forms of compliance with this new imperative in Latin America, comparing the politics of pharmaceutical patenting in Argentina, Brazil, and Mexico. Coalitions and Compliance focuses on two periods of patent politics: initial conflicts over how to introduce drug patents, and then subsequent conflicts over how these new patent systems function. In contrast to explanations of national policy choice based on external pressures, domestic institutions, or Presidents' ideological orientations, this book attributes cross-national and longitudinal variation to the ways that changing social structures constrain or enable political leaders' strategies to construct and sustain supportive coalitions. The analysis begins with assessment of the relative resources and capabilities of the transnational and national pharmaceutical sectors, and these rival actors' efforts to attract allies. Emphasis is placed on two ways that social structures are transformed so as to affect coalition-building possibilities: how exporters fearing the loss of preferential market access may be converted into allies of transnational drug firms, and differential patterns of adjustment among state and societal actors that are inspired by the introduction of new policies. It is within the changing structural conditions produced by these two processes that political leaders build coalitions in support of different forms of compliance.
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 586 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 Patent Intensity and Economic Growth by : Daniel Benoliel
Download or read book Patent Intensity and Economic Growth written by Daniel Benoliel and published by Cambridge University Press. This book was released on 2017-12-14 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: Economic growth has traditionally been attributed to the increase in national production arising from technological innovation. Using a panel of seventy-nine countries bridging the North-South divide, Patent Intensity and Economic Growth is an important empirical study on the uncertain relationship between patents and economic growth. It considers the impact of one-size-fits-all patent policies on developing countries and their innovation-based economic growth, including those policies originating from the World Intellectual Property Organization, the World Trade Organization and the World Health Organization, as well as initiatives derived from the TRIPS Agreement and the Washington Consensus. This book argues against patent harmonization across countries and provides an analytical framework for country group coalitioning on policy at UN level. It will appeal to scholars and students of patent law, national and international policy makers, venture capitalist investors, and research and development managers, as well as researchers in intellectual property, innovation and economic growth.
Book Synopsis Trips & Pharmaceutical Patent Protection in Pakistan by : Tafseer Fatima
Download or read book Trips & Pharmaceutical Patent Protection in Pakistan written by Tafseer Fatima and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The process of globalization and the emergence of a rules-based multilateral trading system pose significant challenges to local pharmaceutical industries in developing countries. With the advent of global patent protection for pharmaceuticals, developing countries are facing a significant dilemma. It is necessary for these countries to comply with international intellectual property standards while simultaneously protecting their local industries and, thus, ensuring an affordable supply of drugs. A better understanding of the nature of the Agreement on Trade Related Aspects of Intellectual Property (TRIPS Agreement) and its components could help to raise awareness of the need for a comprehensive innovation policy. It is widely accepted that intellectual property rights (IPRs) are economic assets. Furthermore, they are necessary to develop world-class standards of innovation and creativity. Designing policies for the promotion of R&D and the building up of innovation capacities in developing countries requires a well constructed patent regime. To this end, this thesis investigates the concept of Pharmaceutical Patent Protection in developing countries, its issues and prospects and illustrates the crucial role that patent strategies may play within processes of pharmaceutical innovation in favor of countries' own national interest in perspective of public health. The thesis examines an underlying research question: Using the experience of India and Brazil, what are available options to incorporate in the current national Intellectual Property Rights (IPR) regime of Pakistan for transforming it from a mere TRIPS-compliant mechanism into an effective instrument for Pakistan in order to survive successfully in this Post-Trips era? This thesis combines doctrinal analysis & comparative reviews research approach to answer the research question as identified for the study. Brazil and India were in a similar position prior to becoming TRIPS compliant, so those countries' experiences become an important basis for the analysis of the strategies for reforming TRIPS-compliant patent law in Pakistan with a focus on pharmaceutical patents from the public health perspective by utilizing permitted TRIPS Flexibilities effectively. Presently, the key policies, strategies and practices adopted by Brazil, India & certain other developing countries related to the pharmaceutical patent protection & key issues relevant to the revival of their local pharmaceutical industries are identified. For each of the various issues, this document presents key principles and options for the development of provisions in national patent laws of the developing countries like Pakistan. These principles aim to provide the basic concept on which more detailed provisions could be fashioned, after careful deliberation and consideration of the characteristics of the national legal system and patent law. Moreover; this thesis also attempts to identify the provision of a fine-tuned IPRs system, which incorporates TRIPS flexibilities and the enabling of a reliable innovation system, which is tailored to the local realities and needs of the country. This policy will include, but is not limited to, policies complementing the IPRs regime. Since the patent system for a country is a public policy tool. Therefore each country must be able to design and operate its patent system in its own best national interest using the flexibilities of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Based on an understanding of the TRIPS, its obligations, flexibilities under TRIPS, post-TRIPS environment and case studies of national innovation strategies of certain developing countries like India & Brazil, this thesis aims to give an overview of the TRIPS Agreement and its possible implications on the pharmaceutical sector in developing countries; what are the challenges and what are the options? And addresses the question that to what extent can lessons from national experiences be transferred to current policy developments for innovation in the pharmaceutical industry in a developing country context especially in case of Pakistan? The research findings aim to contribute significantly to the body of knowledge in relation to new developmental policies. Overall, it is hoped that these findings can promote innovation and ensure the sustainability of the local pharmaceutical industry in the developing world in general and in Pakistan in particular. In short, this study suggests elements for the development of Public Health-Sensitive Patent System in developing countries with the special consideration to Pakistan. Analysis of particular cases and possible exceptions to the general recommendations made herein should be further undertaken and elaborated in the light of the National Law.
Book Synopsis Diversifying Without Discriminating by : Graeme B. Dinwoodie
Download or read book Diversifying Without Discriminating written by Graeme B. Dinwoodie and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although the technological community was once fairly united in its needs from the patent system, the recent debate over patent reform has made it clear that this is no longer the case. Rather, it has become increasingly difficult to believe that a one-size-fits-all approach to patent law can survive. In this brief contribution to a symposium tackling Diversity in Innovation Policy, we consider the ways in which intellectual property obligations, most notably the TRIPS Agreement, circumscribe the ability of national lawmakers to tailor patent protection to reflect the concerns of different industries. In particular, we propose that TRIPS art. 27, which is cast in terms of nondiscrimination, should be interpreted to permit "differential treatment." First, we argue that in other areas, treating different cases differently is not always invidious discrimination. Second, we note that many of the proposals for tailoring are not aimed at the nominal legal rights created by patent law, but rather at the economic effects of these patents, a distinction of significance in the WTO's Canada-Pharmaceutical Patents case. Finally, we suggest that member states claiming de facto discrimination should be required to demonstrate some element over and above those required to establish de iure discrimination, and that member states defending an exclusion should be permitted to rebut a showing of disparate treatment by demonstrating a legitimate purpose. While decision makers will need to evaluate the relation between the stated purpose and the means chosen, this analysis would permit members to adopt most of the tailoring initiatives discussed during the Symposium. We give weight to the normative claims of the TRIPS Agreement to facilitate and enhance free trade. But we think that industry-specific patent laws are fully consistent with the language and purpose of the TRIPS Agreement as well as the comparative advantage philosophy that undergirds the modern trade regime.
Book Synopsis A Neofederalist Vision of TRIPS by : Graeme B. Dinwoodie
Download or read book A Neofederalist Vision of TRIPS written by Graeme B. Dinwoodie and published by Oxford University Press, USA. This book was released on 2012-05-31 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: The TRIPS Agreement (Agreement on Trade-Related Aspects of Intellectual Property Rights), introduced intellectual property protection into the World Trade Organization's multilateral trading system for the first time. This book examines its interpretation, its impact on the creative environment, and much more.
Book Synopsis International Patent Law by : Alexander James Stack
Download or read book International Patent Law written by Alexander James Stack and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'For the newcomer to intellectual property, this book is a wonderful introduction to global innovation policy debates and the difficulties in identifying optimal patent strategies. For those in the field, the volume provides an engaging examination of the complex interactions among heterogeneous national priorities, demands for an efficient environment for global trade in knowledge-intensive assets, and the capabilities of various international institutions – particularly WIPO and the WTO – to foster the development of, and administer, sound international patent policy.' – Rochelle Dreyfuss, New York University School of Law, US 'In this book, Alex Stack raises and explores critically important questions with respect to this body of experience: When is international patent law cooperation and harmonization welfare-enhancing? What is the role of international institutions – WIPO and the WTO – in furthering such harmonization? Stack explores these questions from a global welfarist, rationalist perspective. Using tools from new institutional economics, he explores design implications for international institutions, focusing on WIPO and the WTO, analyzing grounds for international cooperation as collective action problems and applying historical, political and transaction cost analysis. . . This book provides a subtle, insightful, and original analysis of the evolution of institutional arrangements for the international harmonization of patent laws that will be of immense value to scholars and practitioners involved in international harmonization efforts in intellectual property and cognate areas of commercial law. It will surely quickly become accepted as the seminal reference work in these fields.' – From the foreword by Michael Trebilcock, University of Toronto, Canada When is international patent law cooperation and harmonization welfare-enhancing? What is the role of international institutions – WIPO and the WTO – in furthering such harmonization? This book explores these questions from a global welfarist, rationalist perspective. It grounds its analysis in innovation theory and a examination of patent law and prosecution, incorporating the uncertainty of patent law's impact on welfare at a detailed level, dynamic changes, the skewed nature of patent value and the difficulty of textually capturing patent concepts. Using tools from new institutional economics, it explores future design implications for international institutions, analyzing grounds for international cooperation as collective action problems and applying historical, political and transaction cost analyses. Academics, students and practitioners interested in international economic law, specifically in respect of patents, innovation and intellectual property, the TRIPs Agreement, the WTO and WIPO will find this book essential. It will also prove insightful for researchers whose primary background is in international relations or international political economy, but are seeking an introduction to the patent and intellectual property field.
Book Synopsis Law and the Economy in a Young Democracy by : Tirthankar Roy
Download or read book Law and the Economy in a Young Democracy written by Tirthankar Roy and published by University of Chicago Press. This book was released on 2022-02-08 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: An essential history of India's economic growth since 1947, including the legal reforms that have shaped the country in the shadow of colonial rule. Economists have long lamented how the inefficiency of India's legal system undermines the country’s economic capacity. How has this come to be? The prevailing explanation is that the postcolonial legal system is understaffed and under-resourced, making adjudication and contract enforcement slow and costly. Taking this as given, Law and the Economy in a Young Democracy examines the contents and historical antecedents of these laws, including how they have stifled economic development. Economists Roy and Swamy argue that legal evolution in independent India has been shaped by three factors: the desire to reduce inequality and poverty; the suspicion that market activity, both domestic and international, can be detrimental to these goals; and the strengthening of Indian democracy over time, giving voice to a growing fraction of society, including the poor. Weaving the story of India's heralded economic transformation with its social and political history, Roy and Swamy show how inadequate legal infrastructure has been a key impediment to the country's economic growth during the last century. A stirring and authoritative history of a nation rife with contradictions, Law and the Economy in a Young Democracy is essential reading for anyone seeking to understand India's current crossroads—and the factors that may keep its dreams unrealized.
