Trips Compliance National Patent Regimes And Innovation
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Trips Compliance National Patent Regimes And Innovation
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Author : Sunil Mani
language : en
Publisher: Edward Elgar Publishing
Release Date : 2013-12-27
Trips Compliance National Patent Regimes And Innovation written by Sunil Mani and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-12-27 with Law categories.
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
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.
The Trips Regime Of Patent Rights
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Author : Nuno Pires de Carvalho
language : en
Publisher: Springer
Release Date : 2002-11
The Trips Regime Of Patent Rights written by Nuno Pires de Carvalho and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-11 with Law categories.
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
Interpreting Trips
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Author : Hiroko Yamane
language : en
Publisher: Bloomsbury Publishing
Release Date : 2011-03-21
Interpreting Trips written by Hiroko Yamane and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-03-21 with Law categories.
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.
Intellectual Property Rights The Wto And Developing Countries
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Author : Carlos M. Correa
language : en
Publisher: Zed Books
Release Date : 2000-02
Intellectual Property Rights The Wto And Developing Countries written by Carlos M. Correa and has been published by Zed Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-02 with Law categories.
Review of the Agreement
Boosting Pharmaceutical Innovation In The Post Trips Era
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Author : Burcu Kiliç
language : en
Publisher: Edward Elgar Publishing
Release Date : 2014-07-31
Boosting Pharmaceutical Innovation In The Post Trips Era written by Burcu Kiliç and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-31 with Law categories.
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.
Intellectual Property Law And Access To Medicines
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Author : Srividhya Ragavan
language : en
Publisher: Routledge
Release Date : 2021-07-28
Intellectual Property Law And Access To Medicines written by Srividhya Ragavan and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-07-28 with Law categories.
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.
Intellectual Property And International Trade The Trips Agreement
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Author : Carlos M. Correa
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2016-06-27
Intellectual Property And International Trade The Trips Agreement written by Carlos M. Correa 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 2016-06-27 with Law categories.
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.
Trips And Developing Countries
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Author : Gustavo Ghidini
language : en
Publisher: Edward Elgar Publishing
Release Date : 2014-02-28
Trips And Developing Countries written by Gustavo Ghidini and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-02-28 with Law categories.
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
Coalitions And Compliance
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Author : Kenneth C. Shadlen
language : en
Publisher: Oxford University Press
Release Date : 2017-08-05
Coalitions And Compliance written by Kenneth C. Shadlen and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-08-05 with Political Science categories.
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.