Download or read book Representational Fairness in WTO Rule making written by Mohamed Omar Gad and published by British Institute for International & Comparative Law. This book was released on 2006 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines representational fairness in WTO rule making. The context of examination is the pharmaceutical-related provisions of the TRIPS (Trade-Related Aspects of Intellectual Property Rights) Agreement and the interests of developing countries and pharmaceutical multinational enterprises therein. The book analyzes the negotiation and implementation periods of the specified TRIPS provisions and the legal disputes that arose, covering the period from the mid-1980s, until the adoption of the Doha Declaration on the TRIPS Agreement and Public Health in November 2001. An imbalance reflected in the negotiated text in favor of pharmaceutical MNEs' interests during the negotiation process is characterized as 'top-down' rule making. Reacting to this, developing countries exerted pressure from the 'bottom-up' hindering the implementation of these TRIPS provisions. This retorting action, while instilling a degree of balance, congests the TRIPS regime and the larger WTO system with additional dispute proceedings leading to strains in North-South relations. The volume concludes with selective suggestions focusing on the rule making process of the WTO and proposes measures to reduce the likelihood of a deficiency in representational fairness occurring in future negotiations.
Download or read book Negotiating Tradition written by Stefan Groth and published by Universitätsverlag Göttingen. This book was released on 2012 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Communicative interactions in international negotiations on cultural property not only provide information about the emergence and proliferation of arguments, rhetorics, and registers, but also permit valuable insights into actors' positions, strategies and alliances. They significantly influence local and national practices and views related to cultural property debates. What can be gained from a deep analysis of the communicative patterns and strategies that actors engage in - the entailing text and talk of negotiations - is a better understanding of the process itself: how do different actors argue, what kind of strategies and rhetorics do they use, to which instruments and institutions do they refer, and in what way do actors react to each other? An analysis of communicative interactions contributes to the question of how international negotiations work. The analytic inclusion of sociolinguistic practices allows insights into positions, strategies, and perspectives pertaining to cultural property. By looking at not only what actors say, but also at how and in what contexts they do so, it is possible to make more accurate statements about their positions and perceptions in cultural property debates. As these communicative interactions influence outcomes considerably, an approach from linguistic anthropology is not only beneficial for an understanding of specific negotiations, but also for the analysis of broader cultural property issues"--Provided by publisher
Download or read book The Political Economy of Pharmaceutical Patents written by Sherry S. Marcellin and published by Routledge. This book was released on 2016-02-24 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a fresh, multidisciplinary, and exciting look at the making and remaking of pharmaceutical patents at the GATT/WTO, by utilising a Coxian political economy of continuity and change in the global political economy (GPE). Marcellin focuses on the role of the transnational drug industry in the making of the patent provisions in the original TRIPS Agreement and consequently, the role of the African Group at the WTO in the remaking of those patent provisions.
Download or read book Rigged Rules and Double Standards written by Kevin Watkins and published by Oxfam. This book was released on 2002 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: A critical and detailed analysis of inequalities of world trade systems.
Download or read book TRIPS and Access to Medicines written by Renata Curzel and published by Kluwer Law International B.V.. This book was released on 2020-12-10 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although ideally a patent system for pharmaceuticals should serve to incentivize research into the development of new medicines, the COVID-19 pandemic has exposed the equal importance of drug access and affordability. This book, by focusing on the Brazilian rule which makes the grant of pharmaceutical patents dependent on the prior consent of the National Health Surveillance Agency (ANVISA), shows how the Brazilian model affords an example for other countries to follow in dealing with tensions between patent protection and the right to healthcare. Based on an empirical study in which the author examined 147 reports issued by ANVISA as a basis for its decisions, the book deals with such central questions concerning the interface of regulation and innovation in the patent system as the following: compatibility between ANVISA’s prior consent mechanism and the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement; how “evergreening” and “trivial patents” undermine public health and access to medicines; ways of correcting abuses of patent rights and controlling quality of patents; and the discourse on health as a human right. Along with her examination of ANVISA reports, the author analyzes how Article 229-C LPI, which introduced the need of ANVISA’s prior consent to the patent grant of pharmaceuticals in Brazil, has been interpreted in Brazilian case law. Interviews with Brazilian experts are also included. In its commitment to harmonizing patent rights and the right to access of affordable medicines, Brazil’s patent system for pharmaceuticals stands out as a workable response to the basic problem of access to medicines in the developing world. By describing the successes and failures in the Brazilian policy of promoting drug access, this book helps policymakers in developing and emerging countries to better explore TRIPS flexibilities when dealing with similar problems, and provides practitioners in the law of the World Trade Organization, patent law, competition law, and health law with a guide to how a more equitable pharmaceutical patenting system could work in practice.
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.
Download or read book Intellectual Property and International Trade written by Carlos M. Correa and published by . This book was released on 2008 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now into its second decade, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) continues to meet challenges raised by ongoing technological changes as it affirms an increasing degree of latitude to national authorities in its implementation. Important developments and controversies witnessed in the nine years since the first edition of this much-welcomed treatise include issues of public health, implications of the Agreement on the realization of human rights, and continuous debates on geographic indications and the appropriation of genetic resources. This second edition incorporates the analysis of key provisions of the Agreement resulting from dispute settlement procedures under WTO rules.
Download or read book Economic Development and Multilateral Trade Cooperation written by Bernard M. Hoekman and published by World Bank Publications. This book was released on 2005-12-01 with total page 526 pages. Available in PDF, EPUB and Kindle. Book excerpt: How can international trade agreements promote development and how can rules be designed to benefit poor countries? Can multilateral trade cooperation in the World Trade Organization (WTO) help developing countries create and strengthen institutions and regulatory regimes that will enhance the gains from trade and integration into the global economy? And should this even be done? These are questions that confront policy makers and citizens in both rich and poor countries, and they are the subject of Economic Development and Multilateral Trade Cooperation. This book analyzes how the trading system could be made more supportive of economic development, without eroding the core WTO functions.
Download or read book Consumers in the Information Society Access Fairness and Representation written by and published by Consumers International. This book was released on 2012 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Authority and the Globalisation of Inclusion and Exclusion written by Hans Lindahl and published by Cambridge University Press. This book was released on 2018-09-06 with total page 477 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the concept of a legal order in the context of globalisation from the perspective of inclusion and exclusion.
Download or read book Die Konstituierung von Cultural Property written by Regina Bendix and published by Universitätsverlag Göttingen. This book was released on 2010 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: Kann Eigentum an Kultur sinnvoll sein? Das Interesse, Cultural Property dem Markt zuzuführen oder dies zu verhindern und hierdurch kollektiven oder individuellen, ideologischen oder ökonomischen Gewinn zu schaffen, gestaltet sich unter den stark divergierenden Bedingungen, die Akteure in einer postkolonialen, spätmodernen Welt vorfinden. Die interdisziplinäre DFG-Forschergruppe zur Konstituierung von Cultural Property beleuchtet diese seit einigen Jahren in der Öffentlichkeit mit wachsender Brisanz verhandelte Frage. Die Forschergruppe fragt nach der Konstituierung von Cultural Property im Spannungsfeld von kulturellen, wirtschaftlichen, juristischen und hiermit auch gesellschaftspolitischen Diskursen. Dies bedingt auch die in dieser fokussierten Form neue Zusammenarbeit von Fachwissenschaftler/innen aus Kultur- und Sozialwissenschaften sowie Rechts-und Wirtschaftswissenschaften. Die Unterschiedlichkeit des disziplinären Zugriffs auf einen Forschungsbereich zeigt sich in den in diesem Band vermittelten ersten Ergebnissen aus der laufenden Forschung genauso deutlich wie die Notwendigkeit, disziplinäre Standpunkte in gemeinsamer Arbeit zusammenzuführen, um den Konstituierungsprozess von Cultural Property zu verstehen.
Download or read book The British National Bibliography written by Arthur James Wells and published by . This book was released on 2006 with total page 1884 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Gowers Review of Intellectual Property written by Andrew Gowers and published by The Stationery Office. This book was released on 2006-12-06 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report examines the importance of intellectual property (IP), ranging from patents, copyright, design and trade marks, and whether in the age of globalization, digitization and increasing economic specialization it still creates incentives for innovation, without unduly limiting access to consumers and stifling further innovation. The report does recommend a radical overhaul of the system, with the review concentrating on three areas, and setting out the following recommendations: (i) strengthening enforcement of IP rights, whether through clamping down on piracy or trade in counterfeit goods; (ii) reducing costs of registering and litigating IP rights for businesses large and small; (iii) improving the balance and flexibility of IP rights to allow individuals, businesses and institutions to use content in ways consistent with the digital age.
Download or read book Jurisdiction in International Law written by Cedric Ryngaert and published by . This book was released on 2015 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fully updated second edition of Jurisdiction in International Law examines the international law of jurisdiction, focusing on the areas of law where jurisdiction is most contentious: criminal, antitrust, securities, discovery, and international humanitarian and human rights law. Since F.A. Mann's work in the 1980s, no analytical overview has been attempted of this crucial topic in international law: prescribing the admissible geographical reach of a State's laws. This new edition includes new material on personal jurisdiction in the U.S., extraterritorial applications of human rights treaties, discussions on cyberspace, the Morrison case. Jurisdiction in International Law has been updated covering developments in sanction and tax laws, and includes further exploration on transnational tort litigation and universal civil jurisdiction. The need for such an overview has grown more pressing in recent years as the traditional framework of the law of jurisdiction, grounded in the principles of sovereignty and territoriality, has been undermined by piecemeal developments. Antitrust jurisdiction is heading in new directions, influenced by law and economics approaches; new EC rules are reshaping jurisdiction in securities law; the U.S. is arguably overreaching in the field of corporate governance law; and the universality principle has gained ground in European criminal law and U.S. tort law. Such developments have given rise to conflicts over competency that struggle to be resolved within traditional jurisdiction theory. This study proposes an innovative approach that departs from the classical solutions and advocates a general principle of international subsidiary jurisdiction. Under the new proposed rule, States would be entitled, and at times even obliged, to exercise subsidiary jurisdiction over internationally relevant situations in the interest of the international community if the State having primary jurisdiction fails to assume its responsibility.
Download or read book Guide to the Application of the Paris Convention for the Protection of Industrial Property as Revised at Stockholm in 1967 written by World Intellectual Property Organization and published by WIPO. This book was released on 1968 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Guide, after briefly sketching the history and the principal rules of the Paris Convention, comments upon each of its articles and paragraphs separately, dealing in a very simple manner with the principal questions relating to the application of the Paris Convention.
Download or read book The Amicus Curiae in International Criminal Justice written by Sarah Williams and published by Bloomsbury Publishing. This book was released on 2020-02-06 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: The amicus curiae – or friend of the court – is the main mechanism for actors other than the parties, including civil society actors and states, to participate directly in proceedings in international criminal tribunals. Yet reliance on this mechanism raises a number of significant questions concerning: the functions performed by amici, which actors seek to intervene and why, and the influence of amicus interventions on judicial outcomes. Ultimately, the amicus curiae may have a significant impact on the fairness, representativeness and legitimacy of the tribunals' proceedings and decisions. This book provides a comprehensive examination of the amicus curiae practice of the International Criminal Court and other major international criminal tribunals and offers suggestions for the role of the amicus curiae. In doing so, the authors develop a framework to augment the potential contributions of amicus participation in respect of the legitimacy of international criminal tribunals and their decisions, while minimising interference with the core judicial competence of the tribunal and the right of the accused to a fair and expeditious trial.
Download or read book Re Globalization written by Roland Benedikter and published by Routledge. This book was released on 2022-04-28 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: Re-Globalization examines the changing face of globalization, with political, economic, and social balances in flux, and tensions increasing in many parts of the globe. This book discusses and problematizes the current transition phase of globalization in response to issues such as inequalities, climate change, and health crises, offering a comprehensive collection of responses to the question “what is re- globalization?” The authors discuss the various definitions and forms of re-globalization, using a range of approaches, examples, and case studies in order to shed light on this process. The analysis of the phenomenon of re- globalization – understood as an economic, political, and social process – is both inter- and transdisciplinary. This volume offers contributions from academic disciplines within the social sciences, as well as technology, global security, global studies, health, and climate and environmental sciences. Overall, the book analyzes and illustrates how globalization shifts are interconnected and how they relate to a transition in global society, proposing a framework for a series of future scenarios. This socio- geographically diverse book will be of great interest to students, scholars, and researchers across a broad spectrum of disciplines exploring the future of globalization.
