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Description The first edition established itself as one of the leading books to situate the issue of intellectual property within the discipline of International Political Economy IPE. Since its publication, intellectual property has continued to rise up the global agenda, reflecting expanding interest in the area among policy-makers and advocacy groups, linked to the increasingly fraught politics of the global governance of IPRs. Significantly revised and updated to take account of developments within the World Trade Organization and the World Intellectual Property Organization, this edition incorporates the author's recent research on IPRs.
It retains the theoretical and analytical elements of the first edition, whilst offering students and researchers a detailed analysis of how intellectual property is politically constructed, and how it is linked to the economics of knowledge and information in the contemporary global political economy.
Product details Format Paperback pages Dimensions x x Geneva, South Centre, This study highlights the value of traditional medicine TRM in developing countries while describing how it might be affected by the implementation of, among other things, the TRIPS Agreement. Thirdly, he discusses the extent to which existing modes of IPR notably patents, trade secrets, trademarks and geographical indications may be applied to TRM.
Particular emphasis is given to the discussion of patents, with the other forms of IPR being analysed more briefly. Fourthly, the study presents those policy options available for the protection and promotion of TRM in the broader context of health policy. Finally, the author raises the issue of IPR protection of TRM within the framework of public health policy, considering that " policies on TRM should aim at balancing considerations of equity and public health", protecting and rewarding knowledge without reducing access to TRM for those most in need.
European Intellectual Property Review, , 16 8 : Its purpose is to provide a preliminary interpretation of the most relevant aspects of the text, namely new patentable fields of technology, criteria of patentability, the non-discrimination clause, rights conferred and exceptions, conditions for patent applications, compulsory licensing, reversal of the burden of proof and transitional arrangements.
The Uruguay Round and drugs. The aim of this study is to examine the possible effects of the TRIPS Agreement on the development, production and marketing of drugs, as well as access to them. The author reviews the areas of intellectual property that are the most relevant to the pharmaceutical sector, namely patents and "confidential information" trade secret. The provisions on transitional periods and on the mechanism for the settlement of disputes are also analysed.
The last part of the study reviews the possible implications of the Agreement for innovation, foreign direct investment and the price of drugs. The analysis focuses on the effect of the new intellectual property rules in developing countries. This study focuses on the shortcomings that cast doubt on the use of patents as a tool to protect innovation. The author highlights the low standards being applied to notions such as non-obviousness and usefulness in the examination and granting of patents, particularly in the field of drugs.
On the basis of objective technical considerations, this analysis illustrate types of patenting that potentially divert patents from their real purpose of encouraging and providing reward to genuinely inventive efforts, while negatively affecting early access to cheaper alternative products for the public. The selected drugs represent a broad range of products whose value as medicines differs.
Their common trait is the use of the occasionally excessive flexibility of the patent system to set up barriers to legitimate competition. Cosbey A. This paper examines the TRIPS Agreement and tries to analyse those areas in which the Agreement will impact, either positively or negatively, on sustainable development in developing countries. After brief introductions to the Agreement itself, and to the concept of IPR, the paper turns to examining the possible effects of the Agreement, focusing on agriculture and biodiversity, pharmaceuticals and copyrighted goods.
It ends by proposing a number of policy actions which contribute to sustainable development in the context of the Agreement. Csizer Z.
Intellectual property - Wikipedia
Opportunities and risks to develop domestic pharmaceutical industry in Asia-Pacific developing countries. Health Action International. Seminar report, HAI-Europe, The position of the consumer movement is presented, emphasizing the influence of the pharmaceutical industry lobbies on the establishment of development costs of pharmaceutical products.
There is a description of the work of the WTO and its position in the pharmaceutical field. Finally, the view of an NGO is presented, stressing the unjustified advantage that the TRIPS Agreement gives to multinational corporations at the expense of developing countries and of public health. Heath C. Parallel imports and international trade.
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The courts in two industrialized countries, England and Japan, have recently confirmed the lawfulness of parallel importation of patented products in the absence of any indication to the contrary. Continental law follows a different philosophy and assumes absolute limits of IPR within the principle of exhaustion of rights. However, applying the principle of international exhaustion has sometimes been objected to by invoking the principle of "territoriality of patents" of the Paris Convention. The author analyses the parallel import provision of the TRIPS Agreement which, he recalls, is meant to remove trade barriers and to ensure a balance of rights and obligations.
However, the author argues for harmonization on this matter as a conclusion. An alternative report on trade: an NGO perspective on international trade. While representatives of big companies were sitting at the drafting table, little account was taken of the consequences of increased prices for medicines in the South.
A preliminary assessment points to a negative outcome. It covers developments concerned with the general provisions, the rules relating to patents, the means of ensuring respect for IPR, the settlement of disputes and the transitional provisions. The question of patents: the key to medical progress and industrial development. This publication sets out to discuss many of the issues raised in discussions of patent issues. According to the authors, pharmaceutical patent protection brings a number of economic benefits: it is an indispensable element of economic development and growth; it encourages local inventors to disclose and commercialize their inventions; it improves a country's credibility and recognition as a dependable supplier; and it is an essential element in the provision of more cost-effective health care.
Moreover, strong IPP is particularly important for pharmaceutical products, owing to their unique characteristics. The paper then discusses the "reality" of patent protection for pharmaceuticals in response to the fears and doubts expressed with regard to monopolistic price increases, foreign direct investment and the demise of the local pharmaceutical industry. Finally, an entire chapter is dedicated to the "long, expensive and painstaking journey" involved in the development of a new drug.
Dossier de l'Annuaire Suisse-Tiers Monde What are the concerns of developing countries regarding this Agreement? The more advanced developing countries are afraid of increasing prices of products protected by patents - such as medicines - which they can produce by reverse engineering.
Most of the developing countries are worried about the necessity to protect plant varieties with a patent or an efficient sui generis system and about the effects of such an obligation on their indigenous populations. The least developed countries are especially preoccupied by the new legislation they have to adopt and by the institutions they have to create or develop according to the terms of the Agreement.