Dissertations / Theses on the topic 'Accord adpic'
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Edou, Edou Paulin. "Les incidences de l'Accord ADPIC sur la protection de la propriété industrielle au sein de l'Organisation africaine de la propriété intellectuelle (OAPI)." Université Robert Schuman (Strasbourg) (1971-2008), 2005. http://www.theses.fr/2005STR30016.
Full textThe aim of this report is to list the implications of the TRIPS Agreement for the protection of industrial property in sixteen African states, parties to the Agreement establishing the WTO and members of the African intellectual protection organization (OAPI). Due to the requirements of conforming their legislation to the TRIPS Agreement, these countries have had to carry out an in-depth revision of the Bangui Agreement of 2 March 1977, relating to the creation of OAPI. This text, the Code on intellectual property of the above States, has undergone significant changes due to this revision. The effect of the TRIPS Agreement on OAPI has also changed the internal legal structure of these states, particularly their institutions and their administrative and legal practices. Moreover, some of the dispositions of the TRIPS Agreement, strongly contested by developing countries with considerable social problems, are facing increasingly hostile reactions from the populations and governments of the States. The requested demands in this respect by theses last have led to the Doha Declaration (Qatar) on the TRIPS Agreement in its relations on public health, of November 2001. The contents of this Declaration and the decisions which it brought about may lead to a renegotiation of the revised Bangui Agreement or the adoption of internal measures by Member states
Pham, Thuy duong. "L'accord sur les ADPIC : les perspectives du droit vietnamien de la propriété intellectuelle." Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020043.
Full textIntellectual property rights are the rights given to persons over the creations of their minds. They usually give the creator an exclusive right over the use of his/her creation for a certain period of time. The WTO’s Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), negotiated in the 1986-94 Uruguay Round, introduced intellectual property rules into the multilateral trading system for the first time. Vietnam became the 150th member of the WTO since January 11, 2007. As Viet Nam stated in the TRIPS Council in 2008, the Civil Code of 1995, which introduced the basic principles of property, including intellectual property, was the fundamental text representing a turning point in Vietnamese efforts to become a market economy. The Civil Code was revised in 2005 by Law No. 33/2005/QH11, re-stipulating the basic civil principles of intellectual property rights. The Civil Code is the basis on which the whole universe of IPRs is regulated by IP legislation in Viet Nam. The Law on Intellectual Property (Law No. 50/2005/QH11 of 29 November 2005) was amended and supplemented in 2009 (Law No. 36/2009/QH12). This Law covers comprehensively the full range of full IPRs. Implementing provisions are generally regulated by decrees and circulars. Research of national legislation allows us to understand the integration of this Agreement in the domestic system. But it still requires a more effective regulatory system by doing research on legal problems
Fadika, Madia. "Le droit des marques des États membres de l'OAPI à la lumière de l'accord sur les ADPIC." Thesis, Poitiers, 2013. http://www.theses.fr/2013POIT3010.
Full textFaced with the "globalization" of the scourge of counterfeiting, states have enacted the TRIPS Agreement to harmonize on an international scale the rules of protection of intellectual property rights and means to enforce them against counterfeiting. The TRIPS Agreement is the first multilateral treaty that provides real "means of enforcing intellectual property rights." Part III devotes an important part on special border requirements, procedures and remedies, civil and criminal measures to fight against counterfeiting. As signatories of the TRIPS Agreement, the sixteen members of the African Intellectual Property Organization (AIPO) revised on the 24th February 1999, their common law the Bangui Agreement in order to comply with their international commitments. This study on trademarks, the best known category of intellectual property but also the most counterfeited in the AIPO space, demonstrates that the requirements of the TRIPS Agreement are not met several years after its ratification. The first part of this study is a critical analysis of the rules of trademarks protection. The second part highlights the disregard for the rights of trademarks owners against counterfeiting. Having underlined the many contingencies that cut into the effectiveness of the fight against counterfeiting, a serie of measures is proposed to improve the rights of particular trademarks and intellectual property in general
Ramphort, Dobrina. "La mise en application de l'accord ADPIC en matière de brevets pharmaceutiques par l'Inde et le Brésil." Thesis, Toulouse 1, 2017. http://www.theses.fr/2017TOU10003.
Full textThis research work aims to present a comparative analysis of the Indian and Brazilian application of the Agreement on Trade-Related Aspects of Intellectual Property Rights Protection (TRIPS), within the framework of the World Trade Organisation, based on a detailed study of legislation and precedents in the field of drug patents. The TRIPS Agreement results in a reduced access to affordable medicines for the majority of the population in India and Brazil, due to the international harmonisation of patent rights protection it establishes.Yet, the substantial need for drugs to combat malaria and tuberculosis, as well as for antiretroviral (ARV) medicine represents a public health issue in these countries. Thus, both governments tend to reduce these negative effects, by enforcing TRIPS flexibilities in their legislation, such as the national margin of interpretation, the option of which is included in the Agreement. However, the degree of efficiency of this flexibility also depends on two external phenomena which aim to reinforce intellectual property rights protection. On the one hand, multinational pharmaceutical companies implement complex market strategies locally in order to consolidate their position. On the other hand, developed countries follow global multilateral cooperation policies with the objective to restrict the implementation of TRIPS flexibilities all around the world. As a consequence, India and Brazil favour a restrictive application of patentability criteria by local judges and support national drug price regulation policies. Moreover, Brazil is investing in enhanced control of the pharmaceutical companies' activities of market position reinforcement by competition authorities. Furthermore, both countries are developing international cooperation with developing countries as well as multi-partner collaboration in order to safeguard TRIPS flexibilities application related to national margins of interpretation of patentability criteria. This is not only within the WTO agreements, but also in other international partnership negotiations. Thus, it cannot be denied that the global consideration of public health issues in emerging countries like India and Brazil, although comparatively recent, have the potential to improve accessibility to affordable medicines
Manai, Sarah. "L'adhésion de la Chine à l'OMC et le régime de protection de la propriété intellectuelle." Thesis, Aix-Marseille 3, 2011. http://www.theses.fr/2011AIX32078.
Full textRecently, intellectual property rights protection played a major role in the world. How can this right be protected properly and people get interests from it as much as possible? This has become an issue during the last decade. Indeed, the protection of the latter in terms of intellectual property rights has reached an unprecedented level. After joining the WTO in 2001, the People's Republic of China has made its intellectual property laws compliant with the TRIPS Agreement. Indeed, the integration of China into the global economy in the last years has been accentuated by its willingness to open its economy and to respect the rule of law when the country joined the WTO on December 11 2001.The progress made by China in the area of protection of intellectual property rights were more than important in a short period. Less than twenty years ago, the country was not able to build the necessary infrastructure to protect intellectual property rights. Nowadays, China has a modern set of legal instruments composed substantive and procedural law for each specific aspect of intellectual property, with no possible comparison with the rest of the world. In fact, between 1992 and 2001, many reforms were undertaken. China has agreed to extend its system of protection of intellectual property in all areas and has increased the protection to a high level, strengthening the implementation and enforcement of its intellectual property laws. However, the enforcement of these laws in China raises some problems. The purpose of this thesis is to illustrate the causes of the occurrence of these problems by explaining the TRIPS Agreement and the Chinese law of intellectual property, and analyze the similarities and also differences between both of them. Based on these differences, the imperfections of Chinese law will be illustrated by the dispute before the Dispute Settlement Body of the WTO between the United States and the People's Republic of China on measures affecting the protection and respect for intellectual property rights in China (2007-2009). The causes of cracks in the system of protection of intellectual property have its roots in Chinese history, Confucian culture and the Chinese conception of law. The new intellectual property regime has enhanced the transparency and efficiency of transactions of products bearing intellectual property rights between Chinese enterprises and foreign enterprises, and has helped China to build its capacity for innovation in China in this period of transition to an economy that places greater emphasis on innovation as did Taiwan or the Republic of Korea before. Indeed, the emergence of China as a leading nation in science energizes the intellectual property law by a strong domestic demand for innovation and intellectual property rights. The purpose of this work is to establish an assessment of the positive impact of TRIPS on intellectual property law in China, with one hand, a national legislation on intellectual property in line with the TRIPS and on the other hand, the failure of the enforcement of intellectual property rights in practice
Chéron, Constance. "La brevetabilité des médicaments : de la dimension économique à la dimension éthique : Illustration à travers les flexibilités juridiques visant à favoriser l'accès aux médicaments des pays en développement." Paris 11, 2008. http://www.theses.fr/2008PA114826.
Full textThe author, having explained and detailed the main legal principles related to patents from theoretical and practical perspectives, applies this framework to the case of patenting medicines, from the difficulties of patent implementation to the exponential growth of patented medicines. A critical analysis of the flexibilities in patent rights is then made in the perspective of improving developing nation acess to medications
Gollock, Aboubakry. "Les implications de l'Accord de l'OMC sur les Aspects de Droits de Propriété Intellectuelle qui touchent au Commerce (ADPIC) sur l'accès aux médicaments en Afrique subsaharienne." Phd thesis, Grenoble 2, 2007. http://tel.archives-ouvertes.fr/tel-00267310.
Full textFranjus-Guigues, Dorothée. "Nature et protection juridiques des indications géographiques : l'avènement d'un droit à l'épreuve de sa mise en oeuvre." Thesis, Aix-Marseille, 2012. http://www.theses.fr/2012AIXM1017/document.
Full textGeographical Indication, a particularly specific distinguishing sign, experienced throughout the XIXth and XXth centuries, under specially scattered national legislations, joint conventions or bilateral agreements, even under the contentious use of legal means to combat unfair competition, different types of useful but limited protection. These latter, supported by the intervention of the European Community, had however the advantage of contributing to make a specific dedicated section emergence possible in the Trip's agreement. This text coming from the Marrakech Agreements which established in 1994 the World Trade Organization (WTO), recognizes in fact the Geographical Indications as an independent law of Intellectual Property. It allows them to rely on a definition and a legal system, and bind the different members of the WTO to their recognition and protection. In asserting a principle of liberty in the implementation of this new system which, contrary to the other rights of Intellectual Property, and particularly of marks, does not apply to a preexisting system, this Agreement has not resulted in a uniform effect but heterogeneity of national situations. In special cases, these situations may have led to a knowledgeable mix or substitution of concepts, particularly because of the Geographical Indications integration into preexisting systems of Intellectual Property such as certification marks. Beyond the recognition of the Geographical Indication definition in these texts, the existence of two types of protection, simple and additional, has also practical consequences on these different integrations
Cao, Peng. "Les limites du mécanisme de règlement des différends de l'OMC à l'égard de la mise en oeuvre de l'accord sur les ADPIC en Chine." Thesis, Aix-Marseille 3, 2011. http://www.theses.fr/2011AIX32059.
Full textEven before its entry into the WTO, China had already had a complete set of legal means in the field of intellectual property under the great external influences, especially from the United States., China has established an integrated and valid system of intellectual property in no more than three decades, therefore, she is capable of, at least theoretically, fulfilling her international commitments to the TRIPS Agreement. Nowadays, China seems to become one of the countries which have the world's highest level of intellectual property protection. Given the circumstances, if it is perceived that China has already fulfilled its international obligations under TRIPS Agreement, we still wonder why the United States appealed twice to WTO concerning China’s intellectual property system in 2007 ? Why was China listed in the "The 301 Clause" again in 2007 by the United States? And why has China been considered a manufacturer of counterfeits in westerners’ eyes?Developed countries can compel developing countries to make laws, but they can not ensure the implementation of laws. As the famous proverb goes, "You can lead a horse to the water, but you cannot make it drink." The reason seems quite obvious: legislation is an action of a country, which may be made as a diplomatic choice under certain pressure; while the application of the law, whose effect is unlikely to be achieved under any kind of external pressure, is dependant on various factors such as jurisdiction, economy, culture, ethics etc. This enables us to reflect on the validity of the WTO mechanism of dispute settlement in the implementation of the TRIPS Agreement. The protection of intellectual property rights in developing countries concerning some systematic problems requires a comprehensive cognition. Although China is an example of developing countries due to her size, the protection of intellectual property rights in China has always attracted various attentions worldwide. In China, as in all the other developing countries, the disparity between the legislation and implementation on intellectual property can only be reduced with the gradual social development in aspects of the establishment of a country under the rule of law, the ideological recognition of intellectual property rights by the public, the role of intellectual property in the process of social development, etc
Briatta, Marion. "Droit de la contrefaçon et droit de la propriété intellectuelle : origines et enjeux d’une désunion." Thesis, Paris, Institut d'études politiques, 2019. http://www.theses.fr/2019IEPP0035.
Full textUnder French law, the term counterfeiting helps to designate any kind of infringement of intellectual property rights. The type of intellectual property involved or the criminal or the civil nature of the infringement is irrelevant to bring a counterfeiting claim. Rightsholders are indeed granted with a unitary remedy that can be similarly invoked before a criminal court or a civil court. Criminal cases of counterfeiting and civil litigations dealing with infringement of IPRs are ruled based on a hybrid legal action called 'l'action en contrefaçon'. Such hybridity can be better understood if we look at the history of French intellectual property law. Until the 1960s, the protection of trademarks, patents, copyrights or design models was a strict matter of criminal law. Legislations that were passed since have developed a civil regime for IPRs while maintaining an ambiguous reference to these counterfeiting offenses. As a result, French Intellectual Property law has been struggling to distinguish between criminal counterfeiting and civil infringements of IPRs. In the context of internationalization of the fight against counterfeiting, such ambiguity led France to adopt problematic customs measures that may violate the TRIPS agreement
Ben, Merad Nadia. "Le règlement des différends relatifs a la propriété intellectuelle dans le cadre de l'OMC." Thesis, Université Côte d'Azur (ComUE), 2017. http://www.theses.fr/2017AZUR0020.
Full textThe Uruguay Round negotiations gave an opportunity to include intellectual property within the GATT framework, with the conclusion of the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) and the application of the reinforced system of the WTO dispute settlement to disputes deriving from this new agreement. The present thesis aims at analyzing how this system, managed by the Dispute Settlement Body (DSB) organizes, drafts and rules disputes related to the respect of the obligations born of the TRIPS Agreement. The question is of great importance because of the TRIPS Agreement singularities. The studies undertaken throughout this thesis help report on the rules and procedures framing the TRIPS disputes settlement ; reveal some specificities, with regard to the type of complaints which can be brought before the DSB, and some specific difficulties generated by the application of the DSB retaliation system to the TRIPS Agreement ; highlight the central role that plays the DSB, which appeared trustworthy and effective, not only in dealing with TRIPS disputes through the establishment of panels and the Appellate Body, but also in contributing to the settlement of a significant number of disputes at the consultation stage ; and finally underline how the panels and the Appellate Body precautiously lead their own mission
Kang, Su-Ju. "L'action extérieure de l'Union Européenne en faveur du renforcement du regime des droits de propriété intellectuelle en Chine." Thesis, Rennes 1, 2016. http://www.theses.fr/2016REN1G011.
Full textDespite the improvement of China’s intellectual property rights (IPR) regime after this country’s World Trade Organization (WTO) accession in 2001, the IPR remains one of “major concerns” in Sino-European trade relation. According to European strategy for the enforcement of intellectual property rights in third countries, adopted in 2005 and renewed in 2014, China is identified by the European Commission as first priority country, in which the local authority does not take effective measures to tackle the problems caused by IPR violations. Taking into account the EU’s important political and economic concerns, his action is necessary in order to improve the IPR regime and the investment environment in China. The analysis of EU’s external action is based on the instruments used to strengthen IPR’s protection and enforcement in China. The purpose of our research is to examine the EU’s method to use the different instruments within the multilateral and bilateral fora. Two distinct but complementary axes orientate the undertaking of EU’s external action vis-à-vis China: cooperative approach, on the one hand, and the conventional approach, on the other hand. Firstly, the cooperative approach aims to bring Chinese legal system closer to higher standards in EU law. In spite of certain difficulties limiting the efficacy of EU external action, the bilateral cooperation with China can contribute to a better legal system in China. Then, the normative convergence should be able to facilitate the emergence of a common approach between the EU and China in the conventional framework. In this respect, it is important to emphasis Chinese divergent position with regard to EU’s conventional approach aiming to strengthen IPR protection and enforcement. Despite the increasing convergence of European and Chinese positions favorable toward “TRIPs-plus” protection, China seems reluctant even hostile to EU’s conventional initiatives intending to strengthen IPR enforcement measures
Obertan, Paméla. "Les stratégies de contestation des pays en voie de développement face à l'universalisation des brevets sur le vivant." Thesis, Antilles-Guyane, 2013. http://www.theses.fr/2013AGUY0642/document.
Full textAccording to the classical theories of power, asymmetrical relations generally favor the most powerful actor in terms of resources. However, the most powerful in terms of strength and resources part does not always win in negotiations. This depends on several factors, including negotiation tactics of the weaker party. Our thesis aims to analyze different type of negotiation strategies that weaker parties can use to obtain some benefit. To illustrate this point, we chose the example set by a number of developing countries (DV) to challenge the patenting of life contained in the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Our goal was to understand the key strategies they have used to question this norm and rebalance it. To make this work, we used the concept of hegemony conceptualized by Gramsci and the concept of framework borrowed from the literature of social movements. This tool has allowed us to make the assumption that TRIPS is a hegemonic norm that mainly benefit to few developed countries and international companies. However, this domination is hidden by the norms thanks to universal and positive discourse which help to generate strong adhesion. Thus, in such a case, developing countries can’t expect to challenge this norm without a change of perception. It is therefore necessary that the rules perceived as fair and immutable are framed as unjust and mutable, so that countries decide to challenge it. We then tested this hypothesis through a content analysis of the DC’s official discourse at the World Trade Organization. This work has allowed us to observe that the framing is an important tool in the fight against the norm’s hegemony. Indeed, it offers the possibility to show that the patenting of life, far from presenting just a source of benefits, is also a source of problems that need solutions. The frame is also a good way to develop alternative normative propositions. However, we found that this strategy is insufficient to translate DC’s proposals into binding norms. In order to obtain changes in the agreement, building coalitions is particularly relevant for DC. Furthermore, we noted that DC which require regulatory changes when the structure of political opportunities is opened are more likely to obtain what they want. This thesis offers us a general picture of negotiations strategies and reveal that under certain conditions the weaker parties can get some gains in an asymmetrical negotiation
Loum-Neeser, N'deye fatou. "Les pays en développement et la brevetabilité des médicaments en matière de lutte contre le VIH/SIDA : étude de droit comparé sur les controverses actuelles concernant le rôle des brevets pharmaceutiques dans l'accès aux médicaments de traitement du VIH/SIDA des pays en voie de développement." Thesis, Strasbourg, 2012. http://www.theses.fr/2012STRAA034/document.
Full textIn developing countries, problems brought about by HIV/AIDS and inaccessibility of antiretrovirals (ARVs) are proving to be the cause of serious damages at all levels (demographic, political, social and economic). Within the context of the World Trade Organization, and in particular the Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS Agreement”), a growing number of developing countries have integrated or are in the process of integrating into their national law an international standard of patent protection for pharmaceutical products and processes. Such integration continues to play a major role in the issue of access to medicines in developing countries. The conditions and effects of the protection regime respecting innovations give rise to heated debates between supporters of an increased patent protection and defenders of the access to essential medicines. One of the main motivations for our research is to provide a study that helps to find solutions that are both in favour of improving access to medicines and protecting innovation. The complex problem of access to ARV drugs in developing countries is influenced by the multidisciplinarity and interdependence of many factors. The patent system does not solve the problem on its own. However, it should be seriously considered in its function of balancing the private and collective interests. It is a valuable legal tool for the economic and technological development of the developing countries and to achieve the common interest against the pandemic
Ruzek, Vincent. "Communautarisation et mondialisation du droit de la propriété intellectuelle." Thesis, Rennes 1, 2014. http://www.theses.fr/2014REN1G009.
Full textThe internationalization of IP Law, initiated at the end of the 19th century, has taken since the end of the 20th century a brand new twist with its inclusion in the field of multilateral trade disciplines. The signing of the TRIPS agreement marks the emergence of a global IP governance. Indeed, the ambition displayed by the WTO is to supervise the margin of maneuver of its Members in implementing their policies. Although Communitization of IP law started much later, it now has a considerable scope: national protection regimes have been conciliated with the cardinal principles of the Treaty, some important harmonization directives have been enacted, and various European titles of protection have even been created. Our study is designed to show how Communitization, beyond its traditional role of source of law, officiates as a necessary and efficient vector for structuring the European position towards the Globalization of IP Law. In its ascendant side first -- from Local to Global, the Communitization vector plays a role of merging the objectives to be promoted on the international scene. The issue at stake is to shape an IP global framework that corresponds to the system of interests and values of the EU, in accordance with the far-reaching objectives assigned by the Treaty. This merging process is, however, not automatic. In spite of several amendments to the Treaty and of the progress of internal harmonization, various institutional constraints thwart the emergence of a fully integrated external European policy in the field of IP. But it is precisely in light of these constraints that the scope of the achievements of the EU, which in now recognized as a central actor in the global IP governance, must be appreciated. In its down side then -- from Global to Local, the Communitization vector is accompanied by a rise of the European Court of Justice in arbitrating complex normative interactions between national, EU and International IP Laws. A systematic analysis of the resolution by the ECJ of these normative interactions reveals its determination to safeguard the autonomy of the EU legal order, by arranging for significant discretion in implementing international commitments. This margin of appreciation is used to defend an original European model under construction, taking advantage of the flexibilities of the global normative framework
Abdou, Mohamed. "L'incidence sur les pays en développement du lien entre propriété intellectuelle et droit du commerce international." Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D059.
Full textSince the adoption of the TRIPS Agreement in 1994, the protection of intellectual property has been at the center of the debates concerning the international trade regime. While some have hailed the Agreement as a great success for international trade and economic integration, scholars and civil society have rapidly voiced their concern highlighting the inefficiency and even the harmful effects resulting from the implementation of a trade regime for intellectual property. These critiques have intensified following the conclusion by developing countries of a series of free trade agreements containing provision raising the level of protection for intellectual property rights. Yet, scholars have so far given very little attention to the concept of “trade-relatedness” as well as to the legal aspects of the relationship between intellectual property and international trade. The inclusion of intellectual property norms in international trade agreements is first and foremost a linkage between two distinct legal regimes. Each regime has its own objectives, rational and has evolved independently from the other. Numerous questions therefore arise as to how these two sets of norms could coexist and what legal effects are likely to flow from such a systemic interaction. This study seeks to provide answers to these questions by analyzing the specific situation of developing countries as they are the most affected by the rising standards of intellectual property protection. The aim is to determine the modalities and conditions under which the trade regime for intellectual property could be adapted to the interests and needs of developing countries
Gentile, Susanna. "Le piratage des droits de propriété intellectuelle : une réelle nécessité pour les pays en développement." Thèse, 2009. http://hdl.handle.net/1866/7765.
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