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Author: Ulf Anderfelt
Publisher: Springer
ISBN:
Category : Law
Languages : en
Pages : 312
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Book Description
International Patent-Legislation and Developing Countries
Author: Ulf Anderfelt
Publisher: Springer
ISBN:
Category : Law
Languages : en
Pages : 312
Get Book Here
Book Description
International Patent-Legislation and Developing Countries
Author: Monirul Azam
Publisher: Open Book Publishers
ISBN: 1783742313
Category : Law
Languages : en
Pages : 193
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Book Description
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.
Author: Ulf Anderfelt
Publisher: Springer Science & Business Media
ISBN: 9401192189
Category : Law
Languages : en
Pages : 301
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Book Description
THE INTERNATIONAL PATENT-LEGISLATION AND DEVELOPING COUNTRIES A major concern today in many fields of international cooperation is the development of the nonindustrialized part of the world. This was not always so. Until fairly recently contacts among States were basi cally limited to diplomatic intercourse. The concept of State sovereign ty naturally led to the application of the principle of legal reciprocity between States. In the few areas outside diplomatic relations where international cooperation developed during the last century the same principle of legal reciprocity was applied. The cooperation that did take place was mostly among a limited number of Western States. In case countries outside this group wished to participate they were free to do so on accepting the traditional standards for such cooperation. Though a few countries, which today would have been or are known as develop ing countries, did join in various schemes of international cooperation, the majority of them remained outside. Moreover, a large number of States, which today are known as developing, did not exist as sovereign States at the time. One of the areas in which a system of international cooperation was set up in the latter part of the nineteenth century was that of patent protection.
Author: Jayashree Watal
Publisher: Springer
ISBN:
Category : Law
Languages : en
Pages : 536
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Book Description
Although it is common knowledge that the compliance of developing countries with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) has become a serious stumbling block in the WTO agenda, the underlying reasons why this is so have not been dispassionately analyzed until the appearance of this book. Here, for the first time, is a thorough and secure foundation on which international trade lawyers and business people can build a global intellectual property regime that is both productive and fair. The implementation of the TRIPS regime with its enormous effect on national and global strategies for healthcare, agriculture, and the environment, among other crucial sectors of the world economy is clearly among the most critical projects currently under way in the field of international relations. As a former TRIPS negotiator for India, Jayashree Watal brings great authority to her account of the benefits and pitfalls of TRIPS compliance for developing countries. She provides a detailed understanding of how TRIPS was negotiated at the Uruguay Round, how various countries have implemented it so far, and how the WTO monitors compliance. She reveals how the WTO dispute settlement process has worked to date in matters involving TRIPS, and how it is likely to deal with new issues that arise. Most importantly, she explains how developing countries can interpret TRIPS to their best advantage, and how to ensure that the `constructive ambiguity' that characterizes the agreement remains flexible.
Author: Ruth L. Okediji
Publisher: Oxford University Press, USA
ISBN: 0199334277
Category : Law
Languages : en
Pages : 770
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Book Description
Patent Law in Global Perspective addresses critical and timely questions in patent law from a truly global perspective, with contributions from leading patent law scholars from various countries and various disciplines. The rich scholarship featured reflects on a wide range of perspectives, offering insights and new approaches to evaluating key institutional, economic, doctrinal, and practical issues that are at the forefront of efforts to reform the global patent system, and to reconfigure geo-political interests in on-going multilateral, trilateral, and bilateral initiatives.
Author: Thomas K. Cheng
Publisher: Oxford University Press
ISBN: 0192857355
Category : Law
Languages : en
Pages : 545
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Book Description
This book proposes an approach to the patent-competition interface for developing countries. It puts forward a theoretical framework after canvassing relevant policy considerations and examines the many reasons why patent protection is not essential for generating innovation incentives in developing countries. These include the tendency of the patent system to overcompensate innovators, the availability of other appropriation mechanisms for innovators to monetize their innovations, and the lack of appropriate technological capacity in many developing countries to take advantage of the incentives generated by the patent system. It also argues that developing countries with a small population need not pay heed to the impact of their patent system on the incentives of foreign innovators. It then proposes a classification of developing countries into production countries, technology adaptation countries, and proto-innovation countries and argues that dynamic efficiency considerations take on different meanings for developing countries depending on their technological capacities. For the vast majority of developing countries bereft of meaningful innovation capacity, foreign technology transfer is the main vehicle for technological progress. The chief dynamic policy consideration for these countries is hence incentives for technology transfer instead of innovation incentives. There are three main means of voluntary technology transfer: importation of technological goods, foreign direct investment, and technology licensing. Competition law regulation of patent exploitation practices interacts with these three means of technology transfer in different ways and an appropriate approach to the patent-competition interface for these countries needs to take these into account. Distilling all these considerations, the book proposes a development stage-specific approach to the patent-competition interface for developing countries. The approach is then applied to a number of patent exploitation practices, including unilateral refusal to deal, patent tying, excessive pricing for pharmaceuticals, reverse payment settlements, and restrictive licensing practices.
Author: Carlos M. Correa
Publisher: Zed Books
ISBN: 9781856497374
Category : Law
Languages : en
Pages : 274
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Book Description
Review of the Agreement
Author: Srividhya Ragavan
Publisher: Oxford University Press
ISBN: 0199996210
Category : Law
Languages : en
Pages : 416
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Book Description
In Patent and Trade Disparities in Developing Countries, Srividhya Ragavan examines the interaction between trade and intellectual property regimes (using the patent regime in India as the focal point) in an integrated developmental framework to determine how sustainable economic growth can be achieved in developing countries.
Author: World Intellectual Property Organization
Publisher: WIPO
ISBN: 9280526510
Category : Law
Languages : en
Pages : 44
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Book Description
This Guide aims to assist users in searching for technology information using patent documents, a rich source of technical, legal and business information presented in a generally standardized format and often not reproduced anywhere else. Though the Guide focuses on patent information, many of the search techniques described here can also be applied in searching other non-patent sources of technology information.
Author: Carlos M. Correa
Publisher: Kluwer Law International B.V.
ISBN: 9041166580
Category : Law
Languages : en
Pages : 452
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Book Description
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.
