Globalizing Standard of Patent Protection in WTO Law and Policy Options for the LDCs: The Context of Bangladesh

This Article analyzes the globalizing standard of patent protection as adopted under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) of the World Trade Organization (WTO) and possible options for the Least Developed Countries (LDCs) such as Bangladesh against the experiences of Brazil, India, and South Africa with special reference to pharmaceutical patent issues

Globalizing Standard of Patent Protection in WTO Law and Policy Options for the LDCs: The Context of Bangladesh

This Article analyzes the globalizing standard of patent protection as adopted under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) of the World Trade Organization (WTO) and possible options for the Least Developed Countries (LDCs) such as Bangladesh against the experiences of Brazil, India, and South Africa with special reference to pharmaceutical patent issues

Implementasi Persetujuan TRIPs Dalam Undang-Undang Hak Cipta Indonesia

The enactment of Copy Rights Law 1997 No. 12 has been the effort of Indonesia to harmonize intellectual property rights laws with the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs). The Law embodies some substantial changes so that they have been relevantand significan tas the implementation of TRIPs. The changes have oriented to wardnew norms, hig her standards and strict law enforcement. The mostimportantthing, how ever, hasbeen the social significant of the law in order to beeff ective

The TRIPS Agreement and Transfer of Climate-Change-Related Technologies to Developing Countries

Despite numerous international commitments to promote transfer of climate-change related technologies to developing countries, such transfers are not occurring at a sufficient rate to aid these nations in mitigating and adapting to the effects of climate change. The impact of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) on transfer of these technologies is discussed through a detailed examination of relevant TRIPS provisions. The paper also addresses options for improving technology transfer through exploitation of existing TRIPS flexibilities, modification of the Agreement, and other public and private legal and policy avenues.TRIPS Agreement, climate-change-related technologies, and technology transfer

Bioprospecting or Biopiracy: Does the TRIPS Agreement Undermine the Interests of Developing Countries?

The Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) created within the framework of the World Trade Organization (WIO) poses a contentious discord between developed and developing nations. The criticism that TRIPS is nothing more than a modern vehicle of western imperialism encapsulates the perception that the TRIPS is inimical to the interests of developing countries. The ostensible failure of the wro regime to raise the living standards of developing countries, a centerpiece putative effect of economic liberalization heralded in the Uruguay Round, miserably highlighted the fundamental social, cultural and widening economic differences between the two bipolarized camps

Global regulation of international intellectual property through Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS): The European Union and Brazil

Purpose – This paper focuses on the regulation of copyrights at international level by comparing the situation under the TRIPS agreement in Brazil and in the European Union. Methodology/approach/design – This article analyses standards and literature on regulation, as well as the role of TRIPS agreement. Attention was specially drawn to the market failure theory for justifying regulation, advocated by Baldwin & Cave. The TRIPS agreement will be analysed through Baldwin’s five criteria for good regulation. Findings – The TRIPS agreement substantially widened the scope of governance of copyrights but imposes the WTO view on the matter. Notwithstanding its flaws, the TRIPS agreement remains the most comprehensive international agreement on intellectual property. According to Baldwin’s theory, the TRIPS agreement as a regulation is a good regulation. Indeed, it achieves the major part of the goals it set. However, some of the declared goals have never come to existence and had been replaced by other goals. On the overall, the TRIPS agreement has the capacity to regulate international intellectual property. Originality/value – This paper analyses the TRIPS agreement as a way forward in the harmonization of the rules on intellectual property

Environmental Labeling, Protected Geographical Indications and the Interests of Developing Countries

Among developing countries, one can identify both proponents and opponents of extending the use of geographical indications (GIs) beyond wines and spirits. Such an extension is currently being discussed under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) of the World Trade Organization. While labeling is mostly based on private initiatives, GIs are considered to be long-term public rights. Proponents therefore regard GIs as the stronger tools for protecting their national property rights and offering them new opportunities to develop their export markets. Opponents, however, consider GIs to be new barriers to trade that impede their export opportunities. This article clarifies these positions and pulls together some evidence on costs and benefits related to GIs versus labels.developing countries, geographical indications, labeling, WTO, Food Consumption/Nutrition/Food Safety, International Relations/Trade,

Trips and pharmaceuticals: implications for India

On the post-Uruguay Round world trade scenario, after the accords in agriculture and textiles and clothing, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) is the issue affecting developing countries like India. One of the seven intellectual properties covered under TRIPs is that of patents. It has been the contentious issue for several reasons. India is committed to amend its patent laws by the year 2005 (for technologies previously unprotected in its market). ..

TRIPS and Pharmaceuticals: Implications for India

On the post-Uruguay Round world trade scenario, after the accords in agriculture and textiles and clothing, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) is the issue affecting developing countries like India. One of the seven intellectual properties covered under TRIPs is that of patents. It has been the contentious issue for several reasons. India is committed to amend its patent laws by the year 2005 (for technologies previously unprotected in its market). ..