Of the Inequals of the Uruguay Round

Ten years ago, the TRIPs Agreement set a distinct tone in international law by requiring Members to prioritize international trade obligations as a means to achieve national goals. Within the next five years, the AIDS crisis highlighted that compromising pressing national responsibilities-like a looming public health crisis-to fulfill international obligations may, in fact, detrimentally affect international trade. Meanwhile, access to medication continues to be an unresolved issue even as we celebrate the tenth anniversary of TRIPs and the end of the transitional period. This Article suggests that the success of TRIPs depends on its ability to address national responsibilities that impedes members from fulfilling international obligations. In this context, the Article analyzes policy options embraced by countries like India, which prioritized national responsibilities in its quest to appear on the global trade map

Of the Inequals of the Uruguay Round

Ten years ago, the TRIPs Agreement set a distinct tone in international law by requiring Members to prioritize international trade obligations as a means to achieve national goals. Within the next five years, the AIDS crisis highlighted that compromising pressing national responsibilities-like a looming public health crisis-to fulfill international obligations may, in fact, detrimentally affect international trade. Meanwhile, access to medication continues to be an unresolved issue even as we celebrate the tenth anniversary of TRIPs and the end of the transitional period. This Article suggests that the success of TRIPs depends on its ability to address national responsibilities that impedes members from fulfilling international obligations. In this context, the Article analyzes policy options embraced by countries like India, which prioritized national responsibilities in its quest to appear on the global trade map

Frand v. Compulsory Licensing: The Lesser of the Two Evils

This paper focuses on two types of licenses that can best be described as outliers—FRAND and compulsory licenses. Overall, these two specific forms of licenses share the objective of producing a fair and reasonable license of a technology protected by intellectual property. The comparable objective notwithstanding, each type of license achieves this end using different mechanisms. The FRAND license emphasizes providing the licensee with reasonable terms, e.g., by preventing a standard patent holder from extracting unreasonably high royalty rates. By contrast, compulsory licenses emphasize the public benefit that flows from enabling access to an otherwise inaccessible invention. Ultimately, both forms of license attempt to create a value for the licensed product that can be remarkably different from the product’s true market value. Nevertheless, both forms ultimately benefit the end-consumer who pays less to access a product subject to either of these forms of license. In comparing these two forms of licenses, the paper hopes to determine whether one form is better than the other, and if so, from whose perspective—the consumer, the licensor or the licensee. In doing so, this paper compares the different prevailing efforts to embrace such licenses as well as the impact of such licenses on the industry

Mathematics placement test score & its significance: a case study

The aim of this study is to examine the relationship between Mathematics placement test scores and students’ final scores in Mathematics course. Questions have been raised before regarding the importance of Mathematics placement tests in placing students into the most suitable Mathematics course. The study examines the importance of the Mathematics placement test and its significant contribution to students’ performance in Mathematics course taken at their pre university level of studies. Mathematics placement tests undeniably fulfil their purpose of providing preliminary Mathematics course placement recommendations, encouraging students to register themselves for the most appropriate Mathematics course based on their competence, thus helping students to perform better. The study will focus on the 86 students enrolled in Monash University Foundation Year (MUFY) at Sunway College Johor Bahru in 2013. The correlation and regression between their Mathematics placement test scores and their final marks in the MUFY Mathematics Unit 1 (equivalent to year 12 Mathematics) and MUFY Fundamental Mathematics Unit 1 (equivalent to year 11 Mathematics) is analysed

Mathematics placement test scores & its significance: A Case study.

The aim of this study is to examine the relationship between Mathematics placement test scores and students’ final scores in the Mathematics course. Questions have been raised regarding the importance of Mathematics placement tests in placing students in the most suitable Mathematics course. The study examines the importance of the Mathematics placement test and its significant contribution to students’ performance in Mathematics course taken at pre-university level. Mathematics placement tests undeniably fulfill its purpose of providing preliminary Mathematics course placement recommendation, encouraging students to register themselves for the most appropriate Mathematics course based on their competence, thus helping students to perform better. The study will focus on the sample of 58 students enrolled in the Monash University Foundation Year (MUFY) at Sunway College Johor Bahru in January 2013. The correlation between their Mathematics Placement Test scores and their final marks in the Mathematics Unit 1(equivalent to Year 12 Mathematics) and Fundamental Mathematics Unit 1 (equivalent to Year 11 Mathematics) is analysed

The influence of healthy relationship formation and teen dating violence: a qualitative analysis of South Asian youth residing in the United States

Teen dating violence (TDV) has well-documented detrimental health effects. Scant research has examined the perspectives of ethnically diverse youth about the impact of culture on TDV. We sought to explore the intersection between culture and TDV specifically for South Asian adolescents residing in the US. We conducted semi-structured interviews with South Asian adolescents aged 16-21. The interview guide had three parts: 1) exploring participants’ perspectives on TDV and healthy relationships within the South Asian community; 2) examining how different components of their cultural identity impact their romantic relationships; and 3) understanding ideas for TDV prevention programs for South Asian youth. Interview transcripts were coded using thematic analysis. Twenty-five adolescent females participated; the majority (76%) trace their heritage to India, were born abroad (62%), and are in college (80%). The majority believed that dating was stigmatized within the South Asian community, forcing youth to hide relationships from their parents. Participants described aspects of culture that may negatively impact relationships (e.g. patriarchal attitudes and fear of stigma), as well as those that may protect teens (e.g. close-knit community). Conflicts about dating due to generational differences were also discussed. Adolescents suggested programs for South Asian youth focused on engaging parents in conversations about TDV and promoting gender equity. About half thought TDV prevention programs should be culturally-tailored for South Asian youth, while others believed multicultural programs would be more effective. Although South Asian culture may confer some protection for youth experiencing TDV, stigma against dating and generational differences may create unique challenges. Future work should examine how to mediate parent-adolescent cultural conflicts around dating.2019-10-23T00:00:00

Dying to Dine: A Story of the Suicidal Indian Farmers

The realities of the food crisis form the background to the discussion of India’s endeavor to tackle the issues relating to agriculture with special emphasis on the nation’s efforts to promote farmers’ rights under the Protection of Plant Varieties and Farmers’ Rights Act, 2004 (PPVFA). The story of the PPVFA is interesting because the legislation represents India’s fulfillment of its international obligations by introducing breeders’ rights while simultaneously recognizing farmers’ traditional rights. Thus, Part I of this article outlines the steps India took to promote farmers’ rights as part of enacting a legislation to protect breeders’ rights to fulfill its obligations under Article 27(3) of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). After discussing the three types of protection regimes, this part then outlines the interaction between the three protection regimes that characterize the unique nature of the PPVFA, with particular emphasis on farmers’ rights. Part II addresses the central thesis of this paper. This part highlights that while it is important that small farmers are not deprived of their traditional rights, helping farmers cannot be limited to creating or protecting existing rights. It necessitates preserving markets, which goes beyond the simple question of farmer versus breeder. Thus, this part outlines the various strategies (not solutions) that India can adopt to create markets for its farmers in the context of the overall issues currently prevalent in international agricultural trade

The (Re)newed Barrier to Access to Medication: Data Exclusivity

This Article is set in the background of the consequences of the WTO’s prescriptions on patenting of life-saving medications which has largely contributed to the morphing of patents o n life-saving medication into a luxury. Remarkably, there has been a transformation of the role of patents in the context of pharmaceutical innovation into a strategic business tool leading to a larger interest in creation and sustenance of regulatory rights. The biggest global development in this area is an increased effort to strengthen exclusivity using regulatory protections for all chemicals, and even, biologics, involved in all stages of drug development. Consequently, pharmaceutical companies have expertly navigated this confluence of patents with regulatory data protection to leverage themselves in a manner effectively creating high protection and financial rewards for what materials that could otherwise be susceptible for generic competition. This Article concerns itself with the regulatory regime that effectively provides for exclusivity of clinical trial data. The focus of the Article will be on how and why data exclusivity works for the pharmaceutical industry to promote and/or protect market exclusivity globally. Thus, the Article examines what data exclusivity is, the international trade obligations relating to providing data exclusivity, and the impact of the data exclusivity obligations on access to medication issues, with a specific focus on developing countries while keeping the U.S. regime as the vantage point to examine these issues. The Article outlines how the data exclusivity regime can operate in parallel with the patent regime to add a layer of protection for the data, thus adding to the protection regime for chemical or biologic data. In doing so, this Article will address some of the more controversial issues that have arisen globally with reference to data exclusivity within the larger access to medication debate

The Drug Debate: Data Exclusivity is the New Way to Delay Generics

The article discusses the protection regime for clinical trial data internationally and outlines the applicable protection regime. In doing so, this article outlines how the data exclusivity regime can operate in parallel with the patent regime to add a layer of protection for the data. Such protection operates at a regulatory level to delay the entry of generic medications. Internationally, the data exclusivity regime, which has become an important contemporary tool in trade negotiations with poorer nations, works to detrimentally affect access to medicatio

The (Re)newed Barrier to Access to Medication: Data Exclusivity

This Article is set in the background of the consequences of the WTO’s prescriptions on patenting of life-saving medications which has largely contributed to the morphing of patents o n life-saving medication into a luxury. Remarkably, there has been a transformation of the role of patents in the context of pharmaceutical innovation into a strategic business tool leading to a larger interest in creation and sustenance of regulatory rights. The biggest global development in this area is an increased effort to strengthen exclusivity using regulatory protections for all chemicals, and even, biologics, involved in all stages of drug development. Consequently, pharmaceutical companies have expertly navigated this confluence of patents with regulatory data protection to leverage themselves in a manner effectively creating high protection and financial rewards for what materials that could otherwise be susceptible for generic competition. This Article concerns itself with the regulatory regime that effectively provides for exclusivity of clinical trial data. The focus of the Article will be on how and why data exclusivity works for the pharmaceutical industry to promote and/or protect market exclusivity globally. Thus, the Article examines what data exclusivity is, the international trade obligations relating to providing data exclusivity, and the impact of the data exclusivity obligations on access to medication issues, with a specific focus on developing countries while keeping the U.S. regime as the vantage point to examine these issues. The Article outlines how the data exclusivity regime can operate in parallel with the patent regime to add a layer of protection for the data, thus adding to the protection regime for chemical or biologic data. In doing so, this Article will address some of the more controversial issues that have arisen globally with reference to data exclusivity within the larger access to medication debate