Interpreting TRIPS

Author: Hiroko Yamane
Publisher: Bloomsbury Publishing
ISBN: 1847318150
Format: PDF, ePub, Mobi
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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

Author: Yaeko Mitsumori
Publisher: Springer
ISBN: 9811067902
Format: PDF, ePub, Mobi
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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.

Die globale Regulierung geistiger Eigentumsrechte

Author: Ruth Knoblich
Publisher: Springer-Verlag
ISBN: 3658037253
Format: PDF, Mobi
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Angesichts des Aufstiegs von Staaten wie Brasilien, Indien und China zu neuen Wissensmächten fragt das Buch nach den Konsequenzen, die diese Dynamik für die globale Regulierung geistiger Eigentumsrechte mit sich bringen könnte und prüft entlang des Fallbeispiels 'Zugangsregelungen zu genetischen Ressourcen und dem Schutz traditionellen Wissens' den Einfluss der BIC-Staaten auf das bestehende internationale Schutzsystem.

Promoting Access to Medical Technologies and Innovation

Author: World Health Organization
Publisher: World Intellectual Property Organization
Format: PDF, Docs
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"This publication is the product of extensive collaboration between the WHO, WIPO and WTO Secretariats .... Research, authoring and substantive review was done by: Hans Georg Bartels [and six others]"--Page 6.

World Health Organization

Author: Gian Luca Burci
Publisher: Kluwer Law International B.V.
ISBN: 9041122737
Format: PDF
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The World Health Organization (WHO) was established in 1946, as an essential step in the construction of a postwar system of international cooperation. The authors, a former legal counsel of WHO and senior official of WHO's legal office, have written a thorough and systematic review of WHO in its changing historical and political context, aiming in particular at practitioners and scholars without a specific medical background.

The Globalization and Development Reader

Author: J. Timmons Roberts
Publisher: John Wiley & Sons
ISBN: 1118735382
Format: PDF, Kindle
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This revised and updated second edition of The Globalization and Development Reader builds on the considerable success of a first edition that has been used around the world. It combines selected readings and editorial material to provide a coherent text with global coverage, reflecting new theoretical and empirical developments. Main text and core reference for students and professionals studying the processes of social change and development in “third world” countries. Carefully excerpted materials facilitate the understanding of classic and contemporary writings Second edition includes 33 essential readings, including 21 new selections New pieces cover the impact of the recession in the global North, global inequality and uneven development, gender, international migration, the role of cities, agriculture and on the governance of pharmaceuticals and climate change politics Increased coverage of China and India help to provide genuinely global coverage, and for a student readership the materials have been subject to a higher degree of editing in the new edition Includes a general introduction to the field, and short, insightful section introductions to each reading New readings include selections by Alexander Gershenkron, Alice Amsden, Amartya Sen, Anne-Marie Slaughter, Cecile Jackson, Dani Rodrik, David Harvey, Greta Krippner, Kathryn Sikkink, Leslie Sklair, Margaret E. Keck, Michael Burawoy, Nitsan Chorev, Oscar Lewis, Patrick Bond, Peter Evans, Philip McMichael, Pranab Bardhan, Ruth Pearson, Sarah Babb, Saskia Sassen, and Steve Radelet

The Law of Globalization

Author: Laurence Boulle
Publisher: Kluwer Law International B.V.
ISBN: 904112828X
Format: PDF, Kindle
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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.