The TRIPS Agreement, Sustainable Development and the Public Interest

The TRIPS Agreement, Sustainable Development and the Public Interest PDF Author: Simon Walker
Publisher: IUCN
ISBN: 2831706041
Category : Agreement on Trade-Related Aspects of Intellectual Property Rights
Languages : en
Pages : 75

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Book Description
This work addresses the environmental and developmental impacts of patent protection by focusing on the global agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). While the TRIPS agreement serves as an important step in harmonizing international intellectual property systems, the author contends that it currently fails to properly balance public and private interests, especially in the gap between rich and poor.

The TRIPS Agreement, Sustainable Development and the Public Interest

The TRIPS Agreement, Sustainable Development and the Public Interest PDF Author: Simon Walker
Publisher: IUCN
ISBN: 2831706041
Category : Agreement on Trade-Related Aspects of Intellectual Property Rights
Languages : en
Pages : 75

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Book Description
This work addresses the environmental and developmental impacts of patent protection by focusing on the global agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). While the TRIPS agreement serves as an important step in harmonizing international intellectual property systems, the author contends that it currently fails to properly balance public and private interests, especially in the gap between rich and poor.

The General Exception Clauses of the TRIPS Agreement

The General Exception Clauses of the TRIPS Agreement PDF Author: Edson Beas Rodrigues, Jr
Publisher: Cambridge University Press
ISBN: 1107379369
Category : Law
Languages : en
Pages : 401

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Book Description
The general exception clauses of the TRIPS Agreement of the World Trade Organization permit exceptions to copyrights and to the rights conferred by trademarks, industrial designs and patents. These clauses are intended to facilitate access to diverse forms of proprietary knowledge and therefore foster the interdependent pillars of sustainable development: economic progress, realization of human rights and the conservation of the environment. In this book, Edson Beas Rodrigues, Jr argues that the TRIPS Agreement, in its current configuration, does not hinder the establishment of exceptions to intellectual property rights, devised to promote vital socioeconomic interests such as the freedom to carry out creative and inventive activities, freedom of expression, the strengthening of free competition, and increased access to educational materials by underprivileged students and to technical knowledge for humanitarian purposes.

Intellectual Property Rights and Climate Change

Intellectual Property Rights and Climate Change PDF Author: Wei Zhuang
Publisher: Cambridge University Press
ISBN: 1107158087
Category : Law
Languages : en
Pages : 469

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Book Description
6.4.3.1.2 Prior Negotiations with the Right Holder

Resource Book on TRIPS and Development

Resource Book on TRIPS and Development PDF Author: Unctad-ictsd
Publisher:
ISBN: 9781139444972
Category : Economic development
Languages : en
Pages : 829

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Book Description
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.

Trading in Knowledge

Trading in Knowledge PDF Author: Christophe Bellmann
Publisher: Routledge
ISBN: 1136550976
Category : Business & Economics
Languages : en
Pages : 436

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Book Description
An unprecedented surge in the scope and level of intellectual property rights (IPR) protection has been engulfing the world. This globalizing trend has shifted the balance of interests between private innovators and society at large and tensions have flared around key public policy concerns. As developing nations' policy options to use IPRs in support of their broader development strategy are being rapidly narrowed down, many experts are questioning the one-size-fits-all approach to IPR protection and are backing a rebalancing of the global regime. Developing countries face huge challenges when designing and implementing IPR-policy on all levels. This book offers perspectives from a diverse range of developing country participants including civil society participants, farmers, grassroots organizations, researchers and government officials. Contributions from well-known developed country authorities round out the selections.

Policy Space for Domestic Public Interest Measures Under TRIPS.

Policy Space for Domestic Public Interest Measures Under TRIPS. PDF Author: Henning Grosse Ruse-Khan
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

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Book Description
This paper examines the scope of policy space available to integrate economic, social and environmental concerns under the World Trade Organization's (WTO) Agreement on Trade Related Aspects of Intellectual Property Protection (TRIPS). It does this by comparing the amount of discretion available for domestic public interest measures in two other core areas of WTO regulation: trade in goods and services. The paper concludes that the notion of general exceptions under the General Agreement on Tariffs and Trade (GATT) and under the General Agreement on Services (GATS) finds no equivalence in TRIPS. Still, an equivalent amount of policy space can be achieved by taking the TRIPS balancing objective and the WTO sustainable development objective seriously within the process of TRIPS interpretation and implementation. This opens significant room to integrate economic, social and environmental concerns in Intellectual Property (IP) regulation and decision-making. It is an approach which all WTO Members agreed to in para. 4, 5 a) of the Doha Declaration on TRIPS and Public Health.

Interpreting and Implementing the TRIPS Agreement

Interpreting and Implementing the TRIPS Agreement PDF Author: Justin Malbon
Publisher: Edward Elgar Publishing
ISBN: 1848442866
Category : Law
Languages : en
Pages : 201

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Book Description
The chapters in this volume provide insightful analysis and commentary on TRIPS and, importantly, the TRIPS Plus world that many countries operate in. . . This is a fine contribution to the growing literature of interdisciplinary analyses of the global IP regime. . . there is enough in here that makes the book worth acquiring and reading. Scholars of development more generally will find this book to be useful both for advancing their own understanding of the global IP regime and for integrating IP into broader development studies courses they teach. Kenneth C. Shadlen, Progress in Development Studies This book considers whether the WTO agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) will become a vehicle for promoting greater international equity and engagement with the world economy or a tool for wealthy nations to extract excessive rents from poorer countries. Can TRIPS garner the necessary degree of legitimacy and public trust to deliver economic development? Can it become a key instrument for promoting international health and development? In response to these questions, the book proposes interpretive possibilities for the TRIPS text along with implementation strategies to avoid the threat of its irrelevancy due, amongst other things, to free trade agreements containing TRIPS-plus terms. The book discusses the impact of TRIPS from various perspectives, including those of developing countries. It will be of interest to informed citizens, members of NGOs and students and academics concerned with the debate about the impact of TRIPS on access to medicines at affordable prices, the protection of traditional knowledge, and the alleged neo-colonial effect of net revenue outflows from developing nations to developed nations for copyright and patent royalties.

The Making of the TRIPS Agreement

The Making of the TRIPS Agreement PDF Author: Jayashree Watal
Publisher:
ISBN: 9789287042330
Category : Agreement on Trade-Related Aspects of Intellectual Property Rights
Languages : en
Pages : 0

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Book Description
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.

Intellectual Property and Public Health in the Developing World

Intellectual Property and Public Health in the Developing World PDF 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.

The General Exception Clauses of the TRIPS Agreement

The General Exception Clauses of the TRIPS Agreement PDF Author: Edson Beas Rodrigues, Jr
Publisher: Cambridge University Press
ISBN: 9781107536166
Category : Law
Languages : en
Pages : 0

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Book Description
The general exception clauses of the TRIPS Agreement of the World Trade Organization permit exceptions to copyrights and to the rights conferred by trademarks, industrial designs and patents. These clauses are intended to facilitate access to diverse forms of proprietary knowledge and therefore foster the interdependent pillars of sustainable development: economic progress, realization of human rights and the conservation of the environment. In this book, Edson Beas Rodrigues, Jr argues that the TRIPS Agreement, in its current configuration, does not hinder the establishment of exceptions to intellectual property rights, devised to promote vital socioeconomic interests such as the freedom to carry out creative and inventive activities, freedom of expression, the strengthening of free competition, and increased access to educational materials by underprivileged students and to technical knowledge for humanitarian purposes.