Interpreting TRIPS

Globalisation of Intellectual Property Rights and Access to Medicines

Author: Hiroko Yamane

Publisher: Bloomsbury Publishing

ISBN: 1847318150

Category: Law

Page: 582

View: 7909


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.

The Indian Pharmaceutical Industry

Impact of Changes in the IPR Regime

Author: Yaeko Mitsumori

Publisher: Springer

ISBN: 9811067902

Category: Business & Economics

Page: 120

View: 2974


This study analyzes the impact of the revision of the Indian Patent Act (2005) on the Indian pharmaceutical industry, which has been achieving healthy growth over the past 30 to 40 years or more. As of 2005, the Indian pharmaceutical industry was ranked as No. 4 in the world in terms of volume and 15th in terms of value. WTO/TRIPS required India to revise its patent law, however, and to introduce product patents in the pharmaceutical field. Many not only in India but also in the world had argued that the local pharmaceutical industry could deteriorate once a strong patent law (such as a product patent) was introduced. However, the Indian pharmaceutical industry has continued to develop rapidly even after the revision of the patent law in 2005. This present study started with efforts to work out the reason the Indian pharmaceutical industry successfully expanded even after the introduction of product patents. The study found that a unique article (the so-called '3-d‘) inserted in the Patent Act 2005 might have played a role in diminishing or preventing a negative impact from the introduction of a strong patent system, such as a product patents. The study also considers that a change of the business model adopted by the Indian pharmaceutical industry might have contributed to diminishing the effect of the negative impact from the introduction of a strong patent law. This study also covers recent developments in India regarding intellectual property rights and the pharmaceutical industry. One is India’s very first compulsory license granted to an Indian pharmaceutical company, Natco, against the large German pharmaceutical firm Bayer; and the second is the Supreme Court decision on Novartis’ Gleevec. The study analyzes the fundamental problems that caused these two events: access to medicine and gaps in the concept of intellectual property in the pharmaceutical industry. As possible solutions to these fundamental issues, this book explores the ideas of voluntary licensing and tiered pricing.

Intellectual Property Rights and Climate Change

Interpreting the TRIPS Agreement for Environmentally Sound Technologies

Author: Wei Zhuang

Publisher: Cambridge University Press

ISBN: 1107158087

Category: Law

Page: 434

View: 3274


This book provides legal interpretation of the TRIPS Agreement for facilitating innovation of and access to environmentally sound technologies.

Public Health in International Investment Law and Arbitration

Author: Valentina Vadi

Publisher: Routledge

ISBN: 0415507499

Category: Business & Economics

Page: 224

View: 9235


Is a State free to adopt measures to protect the public health of its citizens? If so, what are the limits, if any, to such regulatory powers? This book addresses these questions by focusing on the clash between the regulatory autonomy of the state and international investment governance. As a wide variety of state regulations allegedly aimed at protecting public health may interfere with foreign investments, a tension exists between the public health policies of the host state and investment treaty provisions. Under most investment treaties, States have waived their sovereign immunity, and have agreed to give arbitrators a comprehensive jurisdiction over what are essentially regulatory disputes. Some scholars and practitioners have expressed concern regarding the magnitude of decision-making power allocated to investment treaty tribunals. This book contributes to the current understanding of international investment law and arbitration, addressing the fundamental question of whether public health has and/or should have any relevance in contemporary international investment law and policy. With a focus on the 'clash of cultures' between international investment law and public health, the author critically analyses the emerging case law of investment treaty arbitration and considers the theoretical interplay between public health and investor rights in international investment law. The book also explores the interplay between investment law and public health in practice, focusing on specific sectors such as pharmaceutical patents, tobacco regulation and environmental health. It then goes on to analyze the available means for promoting consideration of public health in international investment law and suggests new methods and approaches to better reconcile public health and investor rights.

Global Health

Author: Michael H. Merson,Robert E. Black,Anne J. Mills

Publisher: Jones & Bartlett Publishers

ISBN: 1449659098

Category: Medical

Page: 940

View: 5939


The Third Edition (formerly titled International Public Health) brings together contributions from the world's leading authorities into a single comprehensive text. It thoroughly examines the wide range of global health challenges facing low and middle income countries today and the various approaches nations adopt to deal with them. These challenges include measurement of health status, infectious and chronic diseases, injuries, nutrition, reproductive health, global environmental health and complex emergencies. This thorough revision also explores emerging health systems, their financing, and management, and the roles of nation states, international agencies, the private sector and nongovernmental organizations in promoting health. Your students will come away with a clear understanding of how globalization is impacting on global health, and of the relationship between health and economic development.

An International Law Perspective on the Protection of Human Rights in the TRIPS Agreement

An Interpretation of the TRIPS Agreement in Relation to the Right to Health

Author: Ping Xiong

Publisher: Martinus Nijhoff Publishers

ISBN: 9004211977

Category: Law

Page: 368

View: 8996


This book analyses the relationship between the TRIPS Agreement and the right to health and relevant human rights norms by using the tools of treaty interpretation of public international law.

Globalization and access to drugs

perspectives on the WTO/TRIPS agreement

Author: Action Programme on Essential Drugs and Vaccines (World Health Organization)

Publisher: N.A


Category: Agreement on Trade-Related Aspects of Intellectual Property Rights

Page: 98

View: 2164



The Law of Globalization

An Introduction

Author: Laurence Boulle

Publisher: Kluwer Law International B.V.

ISBN: 904112828X

Category: Law

Page: 421

View: 1861


There is a growing clamour - particularly from the main beneficiaries of globalization - that rules need to be established to govern the international economy, with a specific focus on questions such as copyright violations, trade sanctions and protections for foreign investment. Those who perceive they are disadvantaged by globalization demand other legal protections in relation to employment, cultural traditions and the environment.

Health, Rights and Globalisation

Author: Belinda Bennett

Publisher: Ashgate Publishing Company

ISBN: 9780754625902

Category: Law

Page: 403

View: 2822


This volume draws together essays from leading scholars on the challenges that arise for health, law, policy and ethics at the intersections of health, rights and globalization.