The Trips Agreement Implementation In Brazil
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The Trips Agreement Implementation In Brazil
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Author : Viviane Yumy Mitsuuchi Kunisawa
language : en
Publisher: Nomos Verlagsgesellschaft
Release Date : 2015
The Trips Agreement Implementation In Brazil written by Viviane Yumy Mitsuuchi Kunisawa and has been published by Nomos Verlagsgesellschaft this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Agreement on Trade-Related Aspects of Intellectual Property Rights categories.
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.
The Wto Trips Agreement And Patent Protection In Brazil
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Author : Jorge Antonio Zepeda Bermudez
language : en
Publisher:
Release Date : 2000
The Wto Trips Agreement And Patent Protection In Brazil written by Jorge Antonio Zepeda Bermudez and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Health services accessibility categories.
Approaches the implications of the World Trade Organization's Trips Agreement and recently modified patent protection Act in Brazil, relating to pharmaceutical industry and, thereby, access to drugs. It attends the demand from World Health Assembly, that highlighted the need to monitor and analyse these implications, within public health concerns aiming to identify health and pharmaceutical policies as well as regulatory measures that Member States can develop.(AU).
The General Exception Clauses Of The Trips Agreement
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Author : Rodrigues Junior Rodrigues Jr.
language : en
Publisher: Cambridge University Press
Release Date : 2012-04-12
The General Exception Clauses Of The Trips Agreement written by Rodrigues Junior Rodrigues Jr. and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-04-12 with Law categories.
An examination of the policy room made available by the general exception clauses of the TRIPS Agreement.
The Trips Regime Of Patents And Test Data
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Author : Nuno Pires de Carvalho
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2016-04-24
The Trips Regime Of Patents And Test Data written by Nuno Pires de Carvalho and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-24 with Law categories.
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.
Trips And Access To Medicines
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Author : Renata Curzel
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2020-12-10
Trips And Access To Medicines written by Renata Curzel and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-10 with Law categories.
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.
The Making Of The Trips Agreement
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Author : Jayashree Watal
language : en
Publisher:
Release Date : 2015
The Making Of The Trips Agreement written by Jayashree Watal and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Agreement on Trade-Related Aspects of Intellectual Property Rights categories.
A comprehensive account of the establishment of the World Trade Organization, focusing on those who shaped its creation as well as those who have influenced its evolution. The book examines trade negotiations, the WTO's dispute settlement role, the presence of coalitions and groupings within the WTO, the process of joining the organization and many other topics, including what lies ahead for the organization.
The Making Of The Trips Agreement
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Author : Jayashree Watal
language : en
Publisher:
Release Date : 2015
The Making Of The Trips Agreement written by Jayashree Watal and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Business & Economics categories.
Contributors share their views on how intellectual property fitted into the overall Uruguay Round, the political and economic considerations driving TRIPS negotiations, the role of non-state actors, the sources of the substantive and procedural standards that were built into the TRIPS Agreement, and future issues in the area of intellectual property. They take a close look at such issues as copyright for software, patents on medicines and the appropriate scope of protection of geographical indications. In probing how negotiations led to an enduring agreement that has served as a framework for policy-making in many countries, the contributions offer lessons for current and future negotiators. --Publisher description.
The Implementation Game
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Author : Carolyn Deere
language : en
Publisher: OUP Oxford
Release Date : 2008-10-30
The Implementation Game written by Carolyn Deere and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-10-30 with Political Science categories.
With the launch of the World Trade Organization (WTO) in 1995, its Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) emerged as a symbol of coercion in international economic relations. In the decade that followed, intellectual property became one of the most contentious topics of global policy debate. This book is the first full-length study of the politics surrounding what developing countries did to implement TRIPS and why. Based on a review of the evidence from 1995 to 2007, this book emphasises that developing countries exhibited considerable variation in their approach to TRIPS implementation. In particular, developing countries took varying degrees of advantage of the legal safeguards and options-commonly known as TRIPS 'flexibilities'-that the Agreement provides. To explain this variation, this book argues that TRIPS implementation must be understood as a complex political game played out among developing country governments and a range of stakeholders-developed countries, non-governmental organisations (NGOs), intergovernmental organisations (IGOs), and industry groups. The contested nature of the TRIPS bargain spurred competing efforts to revise the terms of TRIPS and to influence global IP regulation more broadly. The intensity of the implementation game was amplified by an awareness among the various stakeholders that the IP reforms developing countries pursued would influence these ongoing international negotiations. The book attributes the variation in TRIPS implementation to the interplay between these global IP debates, international power pressures, and political dynamics within developing countries. The book includes historical analysis, compilations of evidence, and analysis supported by examples from across the developing world. The Implementation Game will be of interest both to scholars of international relations, law, and international political economy as well as to policymakers, commentators, and activists engaged in debates on the global governance of intellectual property.
Intellectual Property And Public Health In The Developing World
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Author : Monirul Azam
language : en
Publisher: Open Book Publishers
Release Date : 2016-05-30
Intellectual Property And Public Health In The Developing World written by Monirul Azam and has been published by Open Book Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-30 with Law categories.
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.
Resource Book On Trips And Development
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Author : Unctad-ictsd
language : en
Publisher:
Release Date : 2005
Resource Book On Trips And Development written by Unctad-ictsd and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Economic development categories.
NAture of obligations, principles and objectives; Substantive obligations; Intellectual property rights and competition; Enforcemente, maintenance and acquisition of rights; Interpretation and dispute settlement and prevention; Transitional and institutional arragements.