TRIPS Compliance, National Patent Regimes and Innovation
Title | TRIPS Compliance, National Patent Regimes and Innovation PDF eBook |
Author | Sunil Mani |
Publisher | Edward Elgar Publishing |
Pages | 253 |
Release | 2013-12-27 |
Genre | Law |
ISBN | 1782549471 |
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
Revisiting Trips Implementation
Title | Revisiting Trips Implementation PDF eBook |
Author | Ken Shadlen |
Publisher | |
Pages | 0 |
Release | 2014 |
Genre | |
ISBN |
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.
Optimal Patent Regimes in a Globalized World
Title | Optimal Patent Regimes in a Globalized World PDF eBook |
Author | Joël Blit |
Publisher | |
Pages | 24 |
Release | 2017 |
Genre | |
ISBN |
The TRIPS Regime of Patent Rights
Title | The TRIPS Regime of Patent Rights PDF eBook |
Author | Nuno Pires de Carvalho |
Publisher | |
Pages | 0 |
Release | 2010 |
Genre | Agreement on Trade-Related Aspects of Intellectual Property Rights |
ISBN | 9789041132185 |
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.
Intellectual Property Rights, the WTO and Developing Countries
Title | Intellectual Property Rights, the WTO and Developing Countries PDF eBook |
Author | Carlos M. Correa |
Publisher | Zed Books |
Pages | 274 |
Release | 2000-02 |
Genre | Law |
ISBN | 9781856497374 |
Review of the Agreement
TRIPS and Developing Countries
Title | TRIPS and Developing Countries PDF eBook |
Author | Gustavo Ghidini |
Publisher | Edward Elgar Publishing |
Pages | 336 |
Release | 2014-02-28 |
Genre | Law |
ISBN | 184980494X |
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
Interpreting TRIPS
Title | Interpreting TRIPS PDF eBook |
Author | Hiroko Yamane |
Publisher | Bloomsbury Publishing |
Pages | 406 |
Release | 2011-03-21 |
Genre | Law |
ISBN | 1847318150 |
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.