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

Download or read book The TRIPS Regime of Patents and Test Data written by Nuno Pires de Carvalho and published by Kluwer Law International B.V.. This book was released on 2016-04-24 with total page 800 pages. Available in PDF, EPUB and Kindle. Book excerpt: This preeminent work has proven the best practical commentary on the TRIPS agreement related to patents and test data. This fifth edition, in which the author has revised the whole text and updated various arguments, continues to articulate with unmatched clarity the specific steps that a government or a company must take, in a wide variety of possible contexts, to ensure that its patent-related obligations under TRIPS are met. The presentation is arranged in an article-by-article format, following the TRIPS Agreement itself as it relates to patents and test data. In this way, the author’s incisive analysis covers every issue likely to arise in today’s patent and test data administrative and legal practice, including the following: ·significance of the recent entry into force of Article 31bis; · developments in enforcement of patent rights in the context of competition law; · the potential effects of Brexit and the new protectionist inclination of US trade policy; · expanded commentary on trade secrets and test data under Article 39; · alternate ways to transpose TRIPS obligations into national law; and · standards of intellectual property protection as a bargaining chip in international trade. The TRIPS Agreement has a direct impact on the daily activities of corporations, governments, and consumers. This book contains a very practical explanation of the meaning of the patent-related TRIPS provisions, how they should be reflected in national law, and how courts are expected to enforce them. For these reasons and more, the Fifth Edition is a crucially important resource for patent and public health lawyers seeking compliance as well as for government officials charged with the implementation of TRIPS obligations.

Download or read book The TRIPS Regime of Patent Rights written by Nuno Pires de Carvalho and published by Springer. This book was released on 2002-11 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: To varying degrees, nations worldwide are at present struggling to meet their obligations under the World Trade Organization (WTO) Agreement on Trade Related Intellectual Property Rights (TRIPS).This agreement, which to a large extent supersedes all previous international conventions on intellectual property rights, promises to provide virtually global protection against fraud, piracy, and infringement for owners of patents, copyrights, trade marks, and trade secrets--provided government officials everywhere implement its requirements. It is with the intent of facilitating such compliance--focusing on patents--that this extremely practical book has been written. With the authoritative stamp of a leading international functionary in the field--formerly with the WTO and currently with the Secretariat of the World Intellectual Property Organization (WIPO)--it articulates with unmatched clarity the specific steps a government must take, in a wide variety of possible contexts, to ensure its patent-related obligations under TRIPS are met. The presentation is arranged in an article-by-article format, following the TRIPS Agreement itself as it relates to patents. It makes no attempt to discuss what the Agreement should be, but only what it is. Effective implementation and compliance is the author's sole concern. Among the complex questions the book answers in depth are the following: How does the 'no less favourable treatment' standard apply in specific situations? Where is the line drawn between most-favoured-nation treatment and national treatment? When does exhaustion occur? How is the necessity test met? The complexity of the TRIPS Agreement and its numerous links to areas that are outside intellectual property--such as the environment and public health, human rights, and non-tariff barriers to trade--make it very difficult to apprehend all the aspects and implications of the Agreement, let alone to convert all TRIPS obligations into national law. For these reasons and more, The TRIPS Regime of Patent Rights is a crucially important resource for lawyers and government officials everywhere charged with the implementation of TRIPS obligations. ' In conclusion this book can be strongly recommended for its clear exposition of the meaning of the various articles of the TRIPs Agreement and for the short and clear discussions it gives of the historical and economic background of patents and some of the controversial and topical issues concerned with public health and patents. ' David Rogers

Download or read book Boosting Pharmaceutical Innovation in the Post TRIPS Era written by Burcu Kiliç and published by Edward Elgar Publishing. This book was released on 2014-07-31 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: Boosting Pharmaceutical Innovation In The Post-TRIPS Era investigates the concept of innovation and illustrates the crucial role that patent strategies play within processes of pharmaceutical innovation. Drawing on extensive country and company case studies, it identifies the key issues relevant to the revival of local pharmaceutical industries.

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.

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 582 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.

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

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 328 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.

Download or read book Coalitions and Compliance written by Kenneth C. Shadlen and published by Oxford University Press. This book was released on 2017-08-05 with total page 328 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.

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.

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

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.

Download or read book European Yearbook of International Economic Law 2016 written by Marc Bungenberg and published by Springer. This book was released on 2016-07-16 with total page 838 pages. Available in PDF, EPUB and Kindle. Book excerpt: Volume 7 of the EYIEL focusses on critical perspectives of international economic law. Recent protests against free trade agreements such as the Transatlantic Trade and Investment Partnership (TTIP) remind us that international economic law has always been a politically and legally contested field. This volume collects critical contributions on trade, investment, financial and other subfields of international economic law from scholars who have shaped this debate for many years. The critical contributions to this volume are challenged and sometimes rejected by commentators who have been invited to be “critical with the critics”. The result is a unique collection of critical essays accompanied by alternative and competing views on some of the most fundamental topics of international economic law. In its section on regional developments, EYIEL 7 addresses recent megaregional and plurilateral trade and investment agreements and negotiations. Short insights on various aspects of the Transpacific Partnership (TPP) and its sister TTIP are complemented with comments on other developments, including the African Tripartite FTA und the negotiations on a plurilateral Trade in Services Agreement (TiSA). Further sections address recent WTO and investment case law as well as recent developments concerning the IMF, UNCTAD and the WCO. The volume closes with reviews of recent books in international economic law.

Download or read book Research Handbook on the World Intellectual Property Organization written by Sam Ricketson and published by Edward Elgar Publishing. This book was released on 2020-08-28 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: 2020 marks the 50th year of the coming into force of the World Intellectual Property Organization (WIPO) Convention 1967 and the formal establishment of WIPO. This unique and wide-ranging Research Handbook brings together eminent scholars and experts who assess WIPO's role and programmes during its first half-century, as well as discussing the challenges facing the organization as it enters its second.

Download or read book Innovation Spaces in Asia written by Maureen McKelvey and published by Edward Elgar Publishing. This book was released on 2015-02-27 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: Innovation Spaces in Asia provides insight into how and why Asia is poised to impact global innovation. Asia is undergoing rapid developments in markets, sources of technology and user preferences. A key characteristic of the book is the rich empirical

Download or read book UNESCO science report written by UNESCO and published by UNESCO Publishing. This book was released on 2015-11-09 with total page 818 pages. Available in PDF, EPUB and Kindle. Book excerpt: There are fewer grounds today than in the past to deplore a North‑South divide in research and innovation. This is one of the key findings of the UNESCO Science Report: towards 2030. A large number of countries are now incorporating science, technology and innovation in their national development agenda, in order to make their economies less reliant on raw materials and more rooted in knowledge. Most research and development (R&D) is taking place in high-income countries, but innovation of some kind is now occurring across the full spectrum of income levels according to the first survey of manufacturing companies in 65 countries conducted by the UNESCO Institute for Statistics and summarized in this report. For many lower-income countries, sustainable development has become an integral part of their national development plans for the next 10–20 years. Among higher-income countries, a firm commitment to sustainable development is often coupled with the desire to maintain competitiveness in global markets that are increasingly leaning towards ‘green’ technologies. The quest for clean energy and greater energy efficiency now figures among the research priorities of numerous countries. Written by more than 50 experts who are each covering the country or region from which they hail, the UNESCO Science Report: towards 2030 provides more country-level information than ever before. The trends and developments in science, technology and innovation policy and governance between 2009 and mid-2015 described here provide essential baseline information on the concerns and priorities of countries that could orient the implementation and drive the assessment of the 2030 Agenda for Sustainable Development in the years to come.

Download or read book Innovation for Sustainable Development written by Jean-Yves Grosclaude and published by The Energy and Resources Institute (TERI). This book was released on 2014-02-20 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: Innovation has become the new buzzword across the globe. International organisations, governments, corporates, academia and society see it as the answer to the major economic, social and environmental transformations challenging the models of the 20th century. Innovations are occurring worldwide and alternative solutions to the existing problems are emerging in all sectors: electric cars, organic farming, renewable energy and e-learning are good examples. These alternatives can be ascribed with qualities such as decentralized frugal, flexible, smart and democratic, virtues that are lacking in conventional models. They are attributed with the potential to meet the overall global challenges such as climate change and the growing inequalities between and within countries. What is the real potential of innovation? Does the rapid deployment of innovations lead towards a more sustainable and inclusive society? Can innovations and the emerging alternatives replace conventional models? Beyond technologies, what institutional innovations are required to support sustainable development? A Planet for Life 2014 aims to answer these questions and explore innovation in all its aspects, through a series of texts written by international experts. The objective of this book is to analyse experiences from across the world and the role of innovation in a variety of areas of development such as urbanization, agriculture and food, the mobility of people and freight, education and the provision of water and energy to all.