Journal articles: 'TRIPS Agreement/WTO'

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Cortés Martín, José Manuel. "The Wto Trips Agreement." Journal of World Intellectual Property 7, no. 3 (November 1, 2005): 287–326. http://dx.doi.org/10.1111/j.1747-1796.2004.tb00210.x.

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Swaak-Goldman, Olivia Q. "Who Defines Members' Security Interest in the WTO?" Leiden Journal of International Law 9, no. 2 (June 1996): 361–71. http://dx.doi.org/10.1017/s0922156596000246.

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The European Community (EC) has recently announced its decision to begin dispute-resolution procedures in the World Trade Organization (WTO) against the United States (US) because of the latter's passage of the so-called ‘Helms-Burton’ law, which tightens the sanctions against Cuba by means of extraterritorial application. This will, in all probability, offer the WTO an ideal opportunity to define the limits of the General Agreement on Tariffs and Trade's (GATT) security exception. The security exception, contained in GATT Article XXI, is also included in other agreements annexed to the Agreement establishing the World Trade Organization (WTO Agreement), such as the General Agreement on Trade in Services (GATS) and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs). It provides an exception from all GATT (as well as GATS and TRIPs) obligations, including the all-important ‘most-favoured-nation’ non-discrimination rule. The security interests at issue must be those of a political, rather than an economic, nature. It should be noted that because there is no human rights and democracy exception to the GATT or other agreements annexed to the WTO Agreement, trade restrictions that are based either in whole or in part on these concerns, such as the measures against Cuba, are usually justified on the basis of the security exception.

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Sudjana, Sudjana. "PENEGAKAN HUKUM MEREK DALAM HUKUM INDONESIA TERHADAP PEMENUHAN KETENTUAN TRIPS- WTO." Res Nullius Law Journal 3, no. 2 (July 29, 2021): 136–51. http://dx.doi.org/10.34010/rnlj.v3i2.4659.

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Indonesia needs to apply the TRIPs-WTO Agreement in its national law because it has ratified the International Agreement through Law No. 7 of 1994. Therefore, this study raises issues regarding the application of the provisions of the WTO TRIPs Agreement on Trademarks in Indonesian Positive Law, and the Obstacles to the Indonesian Trademark Law in fulfilling the requirements in law enforcement as stipulated in the TRIPs-WTO agreement. The approach method used is juridical normative or doctrinal through a statute approach and a conceptual approach. The research was conducted through literature studies to examine primary legal materials, secondary legal materials, and tertiary legal materials as well as data analysis methods carried out through qualitative normative. The results of the study show that the provisions of the TRIPs-WTO Agreement on Trademarks have been applied in Indonesian Positive Law and even exceed the minimum standards required by the International Agreement. The obstacles to the Indonesian Trademark Law to meet the requirements in law enforcement as stipulated in the TRIPs-WTO Agreement include legal substantiations, legal structures and legal culture of society.

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Geuze, M. "WTO dispute settlement practice relating to the trips agreement." Journal of International Economic Law 2, no. 2 (June 1, 1999): 347–84. http://dx.doi.org/10.1093/jiel/2.2.347.

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Abbott, Frederick M. "The WTO Medicines Decision: World Pharmaceutical Trade and the Protection of Public Health." American Journal of International Law 99, no. 2 (April 2005): 317–58. http://dx.doi.org/10.2307/1562501.

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On November 14,2001, the Ministerial Conference of the World Trade Organization, meeting in Doha, Qatar, adopted the Declaration on the TRIPS Agreement and Public Health (Doha Declaration). The declaration affirms that the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights “can and should be interpreted and implemented in a manner supportive of WTO Members’ right to protect public health and, in particular, to promote access to medicines for all,” and it reaffirms that the Agreement “provide[s] flexibility for this purpose.” The Doha Declaration mandated further negotiations on one important subject, providing in its paragraph 6: “We recognize that WTO Members with insufficient or no manufacturing capacities in the pharmaceutical sector could face difficulties in making effective use of compulsory licensing under the TRIPS Agreement. We instruct the Council for TRIPS to find an expeditious solution to this problem … .“

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Kamiike, Atsuko. "The TRIPS Agreement and the Pharmaceutical Industry in India." Journal of Interdisciplinary Economics 32, no. 1 (December 5, 2019): 95–113. http://dx.doi.org/10.1177/0260107919875573.

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The World Trade Organization’s (WTO’s) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) calls for the harmonization of intellectual property rights (IPRs) regulations across all WTO member countries. The TRIPS Agreement requires all WTO member countries to adopt and enforce minimum standards of intellectual property. It was assumed that the introduction of pharmaceutical product patents would hamper the Indian pharmaceutical industry’s growth. Contrary to expectations, however, the Indian pharmaceutical industry has been growing in the post-TRIPS period. The TRIPS Agreement changed the research and development (R&D) orientation of Indian pharmaceutical companies, which have increased their R&D investments. Since the TRIPS Agreement was signed, the pharmaceutical global value chain (GVC) has been re-structured and has now expanded to emerging countries like India. Indian pharmaceutical firms have thus been participating in the pharmaceutical GVC in the post-TRIPS period. This participation is conducive to technological upgrading and technology transfers. While operating in the GVC, Indian pharmaceutical firms are upgrading by adopting state-of-the-art technologies. This study explores how the TRIPS Agreement is influencing the Indian pharmaceutical industry and discusses the industry’s growth factors in the post-TRIPS period within the GVC framework. JEL: L21, L24, L26, L65

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Perez, Alexia. "The Implementation of the Gatt/Wto Trips Agreement in Venezuela." Journal of World Intellectual Property 1, no. 5 (November 1, 2005): 747–62. http://dx.doi.org/10.1111/j.1747-1796.1998.tb00033.x.

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Abbott, F. M. "ARE THE COMPETITION RULES IN THE WTO TRIPS AGREEMENT ADEQUATE?" Journal of International Economic Law 7, no. 3 (September 1, 2004): 687–703. http://dx.doi.org/10.1093/jiel/7.3.687.

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Sahai, Suman. "GATT/ WTO and the Trips Agreement: a South Asian Perspective." South Asia Economic Journal 1, no. 2 (September 2000): 25–41. http://dx.doi.org/10.1177/139156140000100203.

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Slade, Alison. "GOOD FAITH AND THE TRIPS AGREEMENT: PUTTING FLESH ON THE BONES OF THE TRIPS ‘OBJECTIVES’." International and Comparative Law Quarterly 63, no. 2 (April 2014): 353–83. http://dx.doi.org/10.1017/s0020589314000098.

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AbstractThe WTO Panel decision inUnited States–Section 211 Omnibus Appropriations Act 1998provides an interesting, and as yet under-appreciated, explanation of the function of one of the most politically debated articles of the TRIPS Agreement—Article 7. This provision has received limited recognition from the Dispute Settlement Body of the WTO. Consequently, the Panel's interpretation of Article 7 as an expression of thegood faithprinciple is noteworthy, and is one that is not disavowed by the Appellate Body. Not only does the Panel acknowledge Article 7 as an effective source of law within the international intellectual property system, but in doing so it introduces into the TRIPS Agreement legal concepts that are not explicit within the text. This has implications for the function of this provision and also for the nature of the obligations arising under the Agreement for Member States. This article analyses the potential significance of this development by defining the scope of the good faith principle within the TRIPS Agreement. Particular reference will also be made to the role Article 7, as an expression of the good faith principle, may have in the forthcoming WTO dispute against Australia and its law on plain packaging for tobacco products.

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Cardwell, Ryan, and Pascal L. Ghazalian. "The TRIPS Agreement as a Coercive Threat: Estimating the Effects of Trade Ties on IPR Protection Regimes." Global Economy Journal 15, no. 2 (February 26, 2015): 257–75. http://dx.doi.org/10.1515/gej-2014-0026.

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Negotiators from developed countries pushed hard for the inclusion of the TRIPS Agreement in the WTO set of agreements because it was viewed as a potentially effective method of coercing developing countries to strengthen their protection of intellectual property rights (IPR). We investigate whether the threat of cross-agreement retaliation, which could be authorized in disputes regarding the TRIPS Agreement, is effective in changing countries’ IPR protection regimes. The results from a panel empirical model suggest that both the TRIPS Agreement and the strength of trade ties with developed countries are important determinants of IPR protection regimes, but the vulnerability to potential trade losses through cross-agreement retaliation is not a uniformly significant determinant across geo-economic regions. These results extend beyond the TRIPS Agreement and highlight the potential ineffectiveness of the WTO’s retaliation mechanism as a coercive threat.

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LEE, Min-Kyung, and Yun-Seok HUR. "A Study on Revision of TRIPs Agreement through the Case Analysis of Dispute Settlements." INTERNATIONAL COMMERCE & LAW REVIEW 82 (May 31, 2019): 101–27. http://dx.doi.org/10.35980/krical.2019.05.82.101.

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Boru, Zeleke T. "The test data provision of USMCA: A potential to promote or negate the timely access to genetically engineered biologics?" Journal of Generic Medicines: The Business Journal for the Generic Medicines Sector 16, no. 1 (November 25, 2019): 5–18. http://dx.doi.org/10.1177/1741134319886627.

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With the adoption of the World Trade Organization’s (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (henceforth, TRIPS), the WTO members agreed to provide a minimum level of Intellectual Property (IP) protections to a broad range of subjects, including “undisclosed test or other data.” However, following the entry into force of TRIPS, some WTO members (particularly, developed countries) have concluded Free Trade Agreements (FTAs) that consist of TRIPS-plus provisions, which go beyond the minimum standard established under TRIPS. One of the agreements that represent such a trajectory is the newly renegotiated agreement between the U.S, Mexico and Canada. The agreement has been negotiated, among other issues, to replace the North American Free Trade Agreement (NAFTA). This trilateral agreement also changed the name NAFTA to the United States-Mexico-Canada (USMCA) Agreement or NAFTA 2.0. The new agreement contains rules that govern undisclosed test or other data (hereafter, test data), which biopharmaceutical companies submit to Health Regulatory Authorities for the purpose of obtaining the right to market biological medicines (hereafter, biologics). Drawing upon the aforementioned background, this article examines if and how USMCA’s test data rule contravenes the obligations of the USMCA Parties to fulfill, protect and respect the right to biologics, as contained under the International Covenant on Economic, Social and Cultural Rights (hereafter, ICESCR) and other international human rights instruments that cover the right to health. The first section provides an overview of USMCA, the second section addresses the nature of legal protection given to test data under the TRIPS Agreement, the third section is devoted to examining the nature of obligation as contained under USMCA’s rule on test data, the fourth discusses the legal basis of the right to biologics, while the fifth section assesses if and how the rule on test data impedes the USMCA Parties from realizing the right to biologics. The last section provides a conclusion.

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LLOYD, PETER. "When should new areas of rules be added to the WTO?" World Trade Review 4, no. 2 (July 2005): 275–93. http://dx.doi.org/10.1017/s1474745605002399.

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When the WTO was created as an outcome of the Uruguay Round, one of the major differences from its predecessor, the GATT, was the addition of new areas of rules of trade. The General Agreement on Trade in Services (GATS), the Agreement on Trade-related Aspects of Intellectual Property (TRIPS), and to some extent also the Agreement on Trade-related Investment Measures (TRIMs) added sets of rules that were entirely new. By adding trade in services, the rules of the multilateral trade organization now encompass trade in all produced goods and services. The WTO rules, however, encompass neither the international movements of capital or labour, nor other non-trade policies, such as those relating to the environment, labour standards, and competition policy, with minor exceptions.

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Bhattacharya, Radhika. "Are Developing Countries Going Too Far on TRIPS? A Closer Look at the New Laws in India." American Journal of Law & Medicine 34, no. 2-3 (June 2008): 395–421. http://dx.doi.org/10.1177/009885880803400211.

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The goal of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement is to harmonize the intellectual property rights of World Trade Organization (WTO) member countries to a certain minimum standard. As a WTO member, the organization required India to enact legislation that enforces TRIPS by 2005. Part of India's motivation to pass its 2005 Patents Act stemmed from its obligations as a WTO member nation, as well as the government's desire to stimulate greater foreign investment, innovative research and economic growth.India's implementation of the TRIPS Agreement has generated a great deal of controversy. Disagreement exists about whether the Indian Patents Act overzealously protects intellectual property rights and whether the Patents Act goes beyond the spirit of the TRIPS Agreement. Many health officials and non-governmental organizations (NGOs) are seriously concerned about what the Patents Act implies for people suffering from diseases in less developed countries. Nonprofit and some World Health Organization officials argue that the new law prevents India from producing and supplying generic drugs within its borders and to other developing countries.

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16

Werner, Jacques. "The Trips Agreement under the Scrutiny of the Wto Dispute Settlement System." Journal of World Intellectual Property 1, no. 2 (November 1, 2005): 309–441. http://dx.doi.org/10.1111/j.1747-1796.1998.tb00014.x.

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Abbott, Frederick M. "The Trips Agreement, Access to Medicines, and the Wto Doha Ministerial Conference." Journal of World Intellectual Property 5, no. 1 (November 1, 2005): 15–52. http://dx.doi.org/10.1111/j.1747-1796.2002.tb00147.x.

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Yu, Peter K. "Access to Medicines, BRICS Alliances, and Collective Action." American Journal of Law & Medicine 34, no. 2-3 (June 2008): 345–94. http://dx.doi.org/10.1177/009885880803400210.

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On December 6, 2005, shortly before the World Trade Organization (“WTO”) Ministerial Conference in Hong Kong, WTO member states agreed to accept a protocol of amendment to the Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPs Agreement”). This amendment sought to provide a permanent solution to implement paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health (“Doha Declaration”). If ratified, the new article 31bis of the TRIPs Agreement will allow countries with insufficient or no manufacturing capacity to import generic versions of on-patent pharmaceuticals.To facilitate the supply of essential medicines to countries with insufficient or no manufacturing capacity, article 31bis(3) creates a special arrangement not only for the affected countries, but also for those belonging to a regional trade agreement. Such an arrangement allows less developed countries to aggregate their markets to generate the purchasing power needed to make the development of an indigenous pharmaceutical industry attractive.

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Mushita, Andrew T., and Carol B. Thompson. "Patenting Biodiversity? Rejecting WTO/TRIPS in Southern Africa." Global Environmental Politics 2, no. 1 (February 1, 2002): 65–82. http://dx.doi.org/10.1162/152638002317261472.

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The year 2000 was the deadline for developing countries to bring their national laws into compliance with the trade-related intellectual property rights (TRIPS) agreement under the World Trade Organization (WTO). However, the transition to one universal intellectual property law is not proceeding as scripted. After briefly summarizing a long tradition of debate about intellectual property, this article first analyzes what is new and different about TRIPS. It then argues that extending intellectual private property rights to plants, in particular in the form of patents, challenges scientific logic and threatens biodiversity. Southern Africa has also taken this view, and is proposing political and legal alternatives to the patenting of biodiversity. Combining principles from the Convention on Bio logical Diversity and the FAO International Undertaking on Plant Genetic Resources, draft legislation affirms farmers' and community rights, while not denying the important role of international protocols. The proposal, calling for local and national control, is not only a model for Africa, but for other developing countries to resolve the incongruities between TRIPS and the CBD over the patenting of living organisms.

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El Farag, Mohamed Salem Abou. "TRIPs, TRIPs-PLUS, Developing Countries and Public Health: The Case of Egypt." Journal of International Biotechnology Law 5, no. 1 (January 1, 2008): 1–15. http://dx.doi.org/10.1515/jibl.2008.02.

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AbstractThe article critically examines how Egyptian legislators made use of the degree of freedom left in the TRIPs Agreement for WTO Members to incorporate appropriate measures in their national laws aiming at meeting the public health needs and concerns, particularly access to quality health care and affordable pharmaceutical drugs. The article also explores and warns against the recent attempts made by a number of developed countries to impose TRIPs-plus obligations on several developing countries, including Egypt, for their detrimental effects on public health.

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Voon, Tania. "The Security Exception In WTO Law: Entering a New Era." AJIL Unbound 113 (2019): 45–50. http://dx.doi.org/10.1017/aju.2019.3.

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For seventy years, the security exception in the multilateral trade regime has mostly lain dormant. The exception first appeared in the General Agreement on Tariffs and Trade 1947 (GATT 1947), before being incorporated in the General Agreement on Tariffs and Trade 1994 (GATT 1994) upon the creation of the World Trade Organization (WTO). However, security exceptions also exist in several other WTO provisions, including the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the General Agreement on Trade in Services (GATS). Until recently, perhaps through a combination of WTO member restraint and fortuitous circumstances, WTO panels have not had to make a definitive ruling on the meaning and scope of these exceptions. Yet, suddenly, the security exception lies at the center of multiple explosive disputes, posing a potential threat to the WTO's very existence.

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Cahyanti Badung, Dewa Ayu Dwi Indah. "Transformasi Trips Agreement Terhadap Pasal 5 Ayat 1 Undang-Undang Nomor 31 Tahun 2000 Tentang Desain Industri." Acta Comitas 4, no. 1 (April 30, 2019): 67. http://dx.doi.org/10.24843/ac.2019.v04.i01.p06.

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Trips Agreement is an agreement who have a rules about law of industrial design including Indonesia. This research analyzes how the legal protection against industrial design and Transformation Trips Agreement Against Article 5 Paragraph 1 of the Industrial Design Law. This study aims to know and understand the legal protection of industrial design and Transformation Trips Agreement Against Article 5 Paragraph 1 of the Industrial Design Law. This research uses normative juridical research approach. The conclusion derived from this research is the protection system adopted by the Industrial Design Law is a combination of a system of approaches to copyright and patent rights, TRIPs Agreement Transformation to Article 5 Paragraph 1 is period of time given protection about design industry at least 10 years long counted from the received date and shall not be extended. Trips Agreement adalah perjanjian yang merupakan dasar dari aturan tentang kekayaan intelektual salah satunya desain industri bagi Negara anggota WTO termasuk Indonesia yaitu dengan dibentuknya UU Desain Industri. Penelitian ini menganalisis bagaimana perlindungan hukum terhadap desain industri dan Transformasi Trips Agreement Terhadap Pasal 5 Ayat 1 UU Desain Industri. Penelitian ini untuk mengetahui dan memahami perlindungan hukum terhadap desain industri dan Transformasi Trips Agreement Terhadap Pasal 5 Ayat 1 UU Desain Industri. Penelitian ini menggunakan metode pendekatan penelitian yuridis normatif. Kesimpulan yang diperoleh dari penelitian ini adalah sistem perlindunganyang dianut oleh UU Desain industri adalah kombinasi sistem pendekatan hak cipta dan hak paten serta Transformasi TRIPs Agreement terhadap Pasal 5 Ayat 1 UU Desain Industri adalah jangka waktu perlindungan yang diberikan terhadap hak desain industri adalah 10 tahun terhitung sejak tanggal penerimaan dan tidak dapat diperpanjang.

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Charro, Pablo, and Marco Bronckers. "REACH Reviewed under WTO Law." Journal for European Environmental & Planning Law 2, no. 3 (2005): 184–94. http://dx.doi.org/10.1163/187601005x00273.

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AbstractThis contribution analyses the comprehensive chemicals legislation proposed by the EU Commission, "REACH", from the perspective of WTO law. First, it inquires whether the treatment of foreign substances and foreign articles in REACH can be reconciled with one of WTO's key requirements, i.e., non-discrimination. Second, it tests specific aspects of the registration obligation established by REACH (i.e., the "volumes-driven" approach, the follow-up to the registration process, the underlying foundations of REACH's cost-benefit analysis) against the proportionality rule embodied in the WTO's Agreement on Technical Barriers to Trade. Third, it asks whether the protection of confidential business information in REACH is compatible with the WTO rules on intellectual property protection (notably, the TRIPS Agreement). It results from the present analysis that REACH poses considerable challenges not only under EU law, but also under WTO law.

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SPADANO, LUCAS EDUARDO F. A. "Cross-agreement retaliation in the WTO dispute settlement system: an important enforcement mechanism for developing countries?" World Trade Review 7, no. 3 (June 27, 2008): 511–45. http://dx.doi.org/10.1017/s1474745608003960.

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AbstractThis article aims at analysing the merits and limits of ‘cross-retaliation’ as a mechanism to induce compliance in WTO dispute settlement, specifically from the perspective of developing countries. The focus is on cross-agreement retaliation, in particular with respect to the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), as this seems to be the most ‘promising’ area for developing countries. Although there are several legal, economic, and administrative difficulties related to the implementation of a suspension of TRIPS obligations and there is so far no practical experience, this seems to remain an interesting option for developing countries – or at least for the largest ones among them – wishing to obtain greater leverage in the system.

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ZAMAN, Khorsed. "The TRIPS Patent Protection Provisions and Their Effects on Transferring Climate Change Technologies to LDCs and Poor Developing Countries: A Critical Appraisal." Asian Journal of International Law 3, no. 1 (October 19, 2012): 137–61. http://dx.doi.org/10.1017/s2044251312000185.

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Despite the existence of almost eighty international agreements and legal instruments, there has not been a marked development in the transfer of climate change technologies to poor and the least developing countries. This article investigates the role of intellectual property rights (IPDs) and scrutinizes the effects of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) on the transfer of these technologies. It explores the TRIPS patent protection provisions and examines the associated flexibilities like compulsory licensing and parallel import options in the context of the transfer of climate change technologies. It finally concludes that the TRIPS patent protection rules, including the existing flexibilities, are one of the biggest impediments to the transfer of these technologies to poor and least developed countries. New agreements or promises on the transfer of green technologies would be fruitless if these TRIPS rules are not amended.

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STRAUS, JOSEPH. "The Impact of the New World Order on Economic Development: The Role of the Intellectual Property Rights System." European Review 15, no. 1 (January 9, 2007): 47–63. http://dx.doi.org/10.1017/s1062798707000051.

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Since the establishment of the World Trade Organization, one of its pillars, the TRIPs Agreement, has been exposed to strong criticism. The main objection being that TRIPs works against the interest of the developing world. This criticism will be examined against the empirical data showing the actual economic development in developing countries, with a special focus on China and India. As those data reveal, the developing countries are to be viewed as beneficiaries of the new world economic order, of which TRIPs is an instrumental and integral part. To avoid frictions in international trade, it is, however, essential that all WTO Members strictly comply with all of their obligations, be it under TRIPs, GATT 1994, or other WTO instruments. Weakening of intellectual property rights is counterproductive.

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He, J. "Developing Countries' Pursuit of an Intellectual Property Law Balance under the WTO TRIPS Agreement." Chinese Journal of International Law 10, no. 4 (November 10, 2011): 827–63. http://dx.doi.org/10.1093/chinesejil/jmr044.

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Vergano, Paolo R., and Tobias Dolle. "The Trade Law Consequences of “Brexit”." European Journal of Risk Regulation 7, no. 4 (December 2016): 795–800. http://dx.doi.org/10.1017/s1867299x00010229.

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AbstractThis section highlights the interface between international trade and investment law and municipal and international risk regulation. It is meant to cover cases and other legal developments in WTO law (SPS, TBT and TRIPS Agreements and the general exceptions in both GATT 1994 and GATS), bilateral investment treaty arbitration and other free trade agreements such as NAFTA. Pertinent developments in international standardization bodies recognized by the SPS and TBT Agreement are also covered.

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Frein, Michael. "Die Globalisierung von Rechten an geistigem Eigentum und der Nord-Süd-Konflikt." PROKLA. Zeitschrift für kritische Sozialwissenschaft 32, no. 126 (March 1, 2002): 103–25. http://dx.doi.org/10.32387/prokla.v32i126.715.

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The article discusses the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs) of the World Trade Organisation (WTO) as an instrument for the globalisation of intellectual property rights. It focuses on the provisions of TRIPs Art 27.3 (b), which contains global rules for the patenting of life, and the question of access to medicines for the poor in developing countries. By analysing the underlying economic and political interests of the industrial countries and multinational corporations, which have formed the provisions of the TRIPs- Agreement, it is argued that higher standards in intellectual property rights, especially patents, advantage the rich and disadvantage the poor. Therefore there is an urgent need to change the TRIPs-Agreement in line with the interests and in favour of developing countries. The article shows that there are several suggestions for the current negotiations made not only by NGOs, but also by governments of developing countries.

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Lybecker, Kristina M., and Elisabeth Fowler. "Compulsory Licensing in Canada and Thailand: Comparing Regimes to Ensure Legitimate Use of the WTO Rules." Journal of Law, Medicine & Ethics 37, no. 2 (2009): 222–39. http://dx.doi.org/10.1111/j.1748-720x.2009.00367.x.

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The tension between economic policy and health policy is a longstanding dilemma, but one that was brought to the fore with the World Trade Organization’s (WTO) Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement in 1994. The pharmaceutical industry has long argued that intellectual property protection (IPP) is vital for innovation. At the same time, there are those who counter that strong IPP negatively impacts the affordability and availability of essential medicines in developing countries. However, actors on both sides of the debate were in agreement that something needed to be done to address the HIV/AIDS crisis, especially in developing countries. In response to sustained and significant pressure from civil society groups, members of the World Trade Organization agreed to the Declaration on the TRIPS Agreement and Public Health (the Doha Declaration) in 2001. The Declaration clarified that countries unable to manufacture the needed pharmaceuticals could obtain more affordable generics elsewhere if necessary.

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Kim, Ilgyu. "The Judgment on Gleevec by the Supreme Court of India and Compliance of the Indian Patent Act with WTO TRIPS Agreement." Journal of Intellectual Property 9, no. 1 (March 31, 2014): 45–83. http://dx.doi.org/10.34122/jip.2014.03.9.1.45.

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Chase, Claude. "NORM CONFLICT BETWEEN WTO COVERED AGREEMENTS—REAL, APPARENT OR AVOIDED?" International and Comparative Law Quarterly 61, no. 4 (October 2012): 791–821. http://dx.doi.org/10.1017/s0020589312000358.

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AbstractThis article explores the issue of norm conflict in the context of specific multilateral agreements that are administered and enforced by the World Trade Organization (WTO), namely, the General Agreement on Tariffs and Trade 1994 (GATT), the General Agreement on Trade in Services (GATS), and the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS). Any discussion of norm conflict between treaty provisions must necessarily draw a critical distinction between an apparent conflict, on the one hand, and a real conflict, on the other hand. An apparent conflict is one where the content of two or more norms is at first glance contradictory, yet the conflict can be avoided, most often by interpretative means. A real conflict represents an irreconcilable divergence between norms which cannot be interpreted away and can only be solved by the application of a conflict rule. The notion of intra WTO conflict is largely unexplored and consequently under-theorized. It is explored here not as an abstract notion, but rather against the backdrop of the institutional and normative environment of the WTO. It is submitted that intra WTO norm conflict is hardly likely to arise as a legal issue under WTO law. This is because the normative and institutional environment of the WTO militates against treating overlapping WTO provisions as situations of real norm conflict. This environment allows for, and potentially mandates a judicial approach to intra WTO conflict that accords with the telos of the single undertaking nature of WTO rights and obligations. In the result, intra WTO conflict will possibly never be real; will often be deemed as merely apparent; and will sometimes be avoided.

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Roy, Alpana. "A New Dispute Concerning the TRIPS Agreement: The United States and China in the WTO." Journal of World Intellectual Property 10, no. 6 (November 2007): 476–84. http://dx.doi.org/10.1111/j.1747-1796.2007.00331.x.

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Watal, Jayashree. "Pharmaceutical Patents, Prices and Welfare Losses: Policy Options for India Under the WTO TRIPS Agreement." World Economy 23, no. 5 (May 2000): 733–52. http://dx.doi.org/10.1111/1467-9701.00299.

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Khan, Muhammad Danyal, Rao Imran Habib, and Muhammad Asif Safdar. "Reduction of Economic Burden on State Exchequer by Using Various International Legal Flexibilities under TRIPS Agreement 1994 of WTO." Review of Economics and Development Studies 4, no. 1 (June 1, 2018): 61–70. http://dx.doi.org/10.26710/reads.v4i1.281.

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Revised format: May 2018 AvailableOnline: June 2018 During budget year 2016-17, public spending on procurement of medicines in Pakistan surged 29% touching an exorbitant figure of PKR 7.5 billion (Health Budget, 2016-17)Volume of provincial expenditure on medicine almost doubled rising to PKR 1.02 billion from 0.67 billion in last budget year 2015-16. Growing sum of public spending on medicine procurement has many factors such as poverty, money devaluation, indigenous production incapacity, and less developed standards of research and development. Apart from all enumerated above, global pharmaceutical patent protection regime under TRIPS Agreement, initiated by WTO, plays a pivotal role increasing public spending on procurement of medicines in developed and least developed countries. This work presents ways for reducing economic burden on state exchequer by exploiting maximum possible flexibilities under WTO regime to procure cost effective medicines. The work will be done in three parts; explaining Pakistan role and status in global pharmaceutical patent protection regime, existing challenges, and potentials for the country to save public spending on health using international legal agreements under WTO

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SAGGI, KAMAL, and JOEL P. TRACHTMAN. "Incomplete Harmonization Contracts in International Economic Law: Report of the Panel, China – Measures Affecting the Protection and Enforcement of Intellectual Property Rights, WT/DS362/R, adopted 20 March 2009." World Trade Review 10, no. 1 (January 2011): 63–86. http://dx.doi.org/10.1017/s1474745610000455.

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AbstractIn China – Measures Affecting the Protection and Enforcement of Intellectual Property Rights, the Panel addressed three main issues: 1.the relationship between China's censorship laws and its obligations to protect copyright under the WTO Agreement on Trade Related Intellectual Property Rights (‘TRIPS’);2.China's obligations under TRIPS to ensure that its customs authorities be empowered to dispose properly of confiscated goods that infringe intellectual property rights;3.whether China's volume and value of goods thresholds for application of criminal procedures and penalties with respect to trademark counterfeiting or copyright piracy comply with TRIPS requirements for application of criminal procedures and penalties.

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Leal-Arcas, Rafael. "The European Court of Justice and the EC External Trade Relations: A Legal Analysis of the Court's Problems with Regard to International Agreements." Nordic Journal of International Law 72, no. 2 (2003): 215–51. http://dx.doi.org/10.1163/157181003322560565.

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AbstractThis article explains why the WTOand the various agreements that form an integral part of the Agreement establishing the WTO raise problems and challenges for the Court of Justice of the European Communities (ECJ). It focuses on the role of the ECJ in relation to exclusive and shared competence. The European Community's (EC) specific problems and challenges for the ECJ are partly related to the EC's position in the WTO. In this sense, the opinion of Advocate General Tesauro in Hermès International v. FHT Marketing Choice is helpful for understanding the unitary character of the EC's external trade relations. This article includes a discussion of Hermès v. FHT Marketing concerning the interpretation of Article 50 of the Agreement on TRIPS, annexed to the 1994 Agreement establishing the WTO. The new mechanisms introduced by the WTO Dispute Settlement Understanding are perhaps not comparable to the full judicial system within the EU, but they have changed both the rules and the legal culture concerning the adjudication and enforcement obligations. Although the WTO is still an intergovernmental organization, powerful private actors have already learned to manipulate the system to reach legal adjudication under the guise of intergovernmental disputes. This paper concludes that the EC wants to deny 'direct effect' to the WTO. This article offers the conclusion that we must aim at the creation of new standards to judge the applicability of international agreements. Otherwise, by allowing policy makers to decide rather than ECJ, the EC legal order may be at risk.

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ZHAN, QIAN. "The International Registration of Non-traditional Trademarks: Compliance with the TRIPS Agreement and the Paris Convention." World Trade Review 16, no. 1 (October 10, 2016): 111–40. http://dx.doi.org/10.1017/s1474745616000392.

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AbstractContemporary international trademark law is subject to a dynamic process. As communication and marketing strategies steadily evolve, enterprises seek to develop non-traditional signs as trademarks in international trade. Since non-traditional trademarks have received broad protection among WTO Members, the international registration of non-traditional trademarks has raised certain questions. This article focuses on issues of the registration of non-traditional trademarks from an international perspective. With a brief introduction to the new category of trademarks, Section 2 discusses whether non-traditional signs can constitute trademarks by analyzing the trademark definition that is stipulated in Article 15.1 of the TRIPS Agreement and introduces the current status of the legal protection afforded to non-traditional trademarks under the domestic trademark legislations in WTO Member states. Section 3 presents an in-depth analysis of Article 6quinquies of the Paris Convention and aims to address the significance of Article 6quinquies with regard to the international registration of non-traditional trademarks by comparing the essential difference between the two modes of international registration of trademarks. The conclusion provides strategical suggestions and practical guidance for both trademark applicants and competent authorities of WTO Members.

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Grossman, Gene M., and Petros C. Mavroidis. "US – Section 110(5) Copyright Act: United States – Section 110(5) of the US Copyright Act, Recourse to Arbitration under Article 25 of the DSU: Would’ve or Should’ve? Impaired Benefits due to Copyright Infringement." World Trade Review 2, S1 (2003): 281–99. http://dx.doi.org/10.1017/s1474745603001149.

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This dispute between the European Communities and the United States originated when the United States amended its copyright law in a way that nullified and impaired certain benefits promised to the European Communities under the Agreement on Trade Related Aspects of Intellectual Property (TRIPs). Article 9.1 of TRIPs requires all WTO members to comply with Articles 1 through 21 of the Berne Convention of 1971. Among the provisions of the Berne Convention thus incorporated into the TRIPs Agreement is one that grants to authors of literary and artistic works the exclusive right to authorize “the public communication by loudspeaker or any analogous instrument transmitting, by signs, sounds or images, the broadcast of the work,” and another that grants to authors of dramatic and musical works the exclusive right to authorize “any communication to the public of the performance of these works.”1

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GROSSMAN, GENE M., and PETROS C. MAVROIDIS. "Dispute settlement corner: United States – Section 110(5) of the US Copyright Act, Recourse to Arbitration under Article 25 of the DSU: would've or should've? Impaired benefits due to copyright infringement." World Trade Review 2, no. 2 (July 2003): 233–49. http://dx.doi.org/10.1017/s1474745603001459.

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This dispute between the European Communities and the United States originated when the United States amended its copyright law in a way that nullified and impaired certain benefits promised to the European Communities under the Agreement on Trade Related Aspects of Intellectual Property (TRIPs). Article 9.1 of TRIPs requires all WTO members to comply with Articles 1 through 21 of the Berne Convention of 1971. Among the provisions of the Berne Convention thus incorporated into the TRIPs Agreement is one that grants to authors of literary and artistic works the exclusive right to authorize ‘the public communication by loudspeaker or any analogous instrument transmitting, by signs, sounds or images, the broadcast of the work’, and another that grants to authors of dramatic and musical works the exclusive right to authorize ‘any communication to the public of the performance of these works’.

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Neumayer, Eric. "Book Review: Intellectual property rights, the WTO and developing countries. The TRIPS Agreement and policy options." Progress in Development Studies 2, no. 1 (January 2002): 69–70. http://dx.doi.org/10.1177/146499340200200114.

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Kireeva, Irina, and Bernard O'Connor. "Geographical Indications and the TRIPS Agreement: What Protection is Provided to Geographical Indications in WTO Members?" Journal of World Intellectual Property 13, no. 2 (March 2010): 275–303. http://dx.doi.org/10.1111/j.1747-1796.2009.00374.x.

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Bhattacharya, Swapan K. "Harmonising patent laws with the TRIPS Agreement of WTO: India's stride towards globalisation of intellectual properties." International Journal of Intellectual Property Management 1, no. 3 (2007): 253. http://dx.doi.org/10.1504/ijipm.2007.013558.

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Mercurio, Bryan. "‘SEIZING’ PHARMACEUTICALS IN TRANSIT: ANALYSING THE WTO DISPUTE THAT WASN'T." International and Comparative Law Quarterly 61, no. 2 (April 2012): 389–426. http://dx.doi.org/10.1017/s0020589312000073.

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AbstractSeveral recent detentions of generic pharmaceutical products transiting through the European Union (EU) for suspected infringements of intellectual property rights raised serious concerns for public health advocates and threatened to expose systemic problems existing in the World Trade Organization's (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). The detentions not only garnered international attention, but India and Brazil formally began WTO dispute settlement proceedings against the EU. The parties recently reached a mutually agreed solution to the matter and the proceedings have been halted, leaving unanswered the complex legal and technical questions raised by the detentions of pharmaceuticals in transit. Despite a solution being reached in this dispute, the matter will undoubtedly resurface in the near future for a number of reasons. For instance, the EU is attempting to export its laws to its trading partners through the negotiation of free trade agreements and in other forums such as the recently concluded Anti-Counterfeiting Trade Agreement which increases the likelihood that similar detentions will occur at some point in the future. Moreover, recent trends in international intellectual property law indicate a move towards increased protection and enforcement in at least the short and medium term. The issue therefore offers the opportunity for rich legal analysis into an underexplored, yet increasingly important, aspect of WTO law.

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Mustafa, Usman, Waqar Malik, and Mohammad Sharif. "Globalisation and Its Implications for Agriculture, Food Security, and Poverty in Pakistan." Pakistan Development Review 40, no. 4II (December 1, 2001): 767–86. http://dx.doi.org/10.30541/v40i4iipp.767-786.

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The world trade liberalisation has been the major concern to almost all the international communities since very long due to the extensive trade restrictions imposed by the developed and industrial countries. These restrictions caused to create a very tough protectionist economic environment for all the countries [SESRTCIC (1995) and Chaudhary (2001)]. Pakistan is one of the founder members of the General Agreement on Tariffs and Trade (GATT) since 1948 and a signatory of Uruguay Round of Multilateral Trade Agreement (MTA) with Word Trade Organisation (WTO). The Agreement made significant progress in three major areas i.e. market liberalisation which could add approximately one percent of world real GDP (US$212-274 billion) and 10 percent to world trade upon full implementation of the Agreement, strengthening of rule and institutional structure, particularly the creation of WTO, which could decide on dispute and impairment of trade rules and principles, and integration of new areas into the multilateral trading system such as general agreements on trade in services (GATS) and trade-related intellectual property rights (TRIPs), trade-related investment measures (TRIMs) and the traditionally sensitive and contentious sectors (agriculture, and textile and clothing) [Abidin (1994); GATT (1994) and IMF (1994)]. The classical economists explained the welfare benefits of globalisation (by the specialisation and widening of markets through trade). Trade can bring settlement by allowing countries to take benefit of their comparative advantage, harvest the profit of scale economies and ensure competition, greater variety and potentially, more stable markets and prices. The free movement of capital directs resources towards their more productive use.

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Echols, Marsha A. "Geographical Indications for Foods, Trips and the Doha Development Agenda." Journal of African Law 47, no. 2 (October 2003): 199–220. http://dx.doi.org/10.1017/s0021855303002092.

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Geographical indications (GI's) for foods link a quality or characteristic of a product to its locality of origin. GI's usually represent traditional or artisanal knowledge and techniques, yet they are recognized as a form of intellectual property. A GI may propel a food or beverage product from commodity status (blue cheese) into the high value niche or gourmet market (Roquefort cheese) and, consequently, can have a positive social and economic impact on farmers and rural development. African teas, coffees and other special products might benefit from greater international recognition and protection of GI's. Geographical indications are defined in but receive very limited international protection under the WTO Agreement on Trade-Related Aspects of Inellectual Property (TRIPS). Most regulation of GI's in national (e.g., in the Cote d'Ivoire and South Africa) or regional (e.g., the Bangui Agreement and in the E.C.). At the WTO and during the Doha Development Round discussions Kenya, Mauritius, Nigeria and South Africa, among other African countries, have argued for the expansion of the TRIPS rules, as have the E.C. and Switzerland. Ausralia, Japan, and the U.S., several countries in Latin America, and others conside GI's as likely protectionist measures and prefer to rely on trademarks. Each African country must determine whether the potential benefits of GI's—including their positive impact on rural development—sufficiently balance the costs of implementing some form of an international system.

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Sanib, Safril Sofwan. "Ketentuan-ketentuan TRIPS-Plus dalam Kerangka Perjanjian Perdagangan Bebas." Halu Oleo Law Review 3, no. 1 (March 28, 2019): 50. http://dx.doi.org/10.33561/holrev.v3i1.6016.

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Tujuan dari penelitian ini adalah untuk menganalisis dan menemukan filosofi Ketentuan TRIPS-Plus di bawah kerangka Perjanjian Perdagangan Bebas Bilateral (Bilateral Free Trade Agreements=BFTA). Penelitian ini adalah penelitian hukum dengan menggunakan pendekatan perundang-undangan, konseptual, dan komparatif. Penelitian ini menemukan, bahwa filosofi dari ketentuan TRIPS-Plus di bawah BFTA adalah untuk menghilangkan standar minimum dan fleksibilitas yang terkandung dalam ketentuan Perjanjian TRIPS WTO yang berdampak pada: (1) pembatasan alasan untuk pengecualian dari invensi yang bisa di patenkan; (2) membatasi penerbitan lisensi wajib; (3) pembatasan ruang lingkup exhaustion of rights dan impor paralel; (4) perpanjangan jangka waktu pemberian paten; (5) kewajiban perlindungan paten untuk perlindungan varietas tanaman; (6) eksklusivitas atas uji data berkenaan dengan produk farmasi dan kimia; (7) perlindungan untuk jenis-jenis merek dagang baru (8) perlindungan yang kuat untuk teknologi digital. Bila negara-negara menyepakati BFTA dengan mitra/partner dagang tentang ketentuan-ketentuan HKI yang mengandung TRIPS-Plus tersebut di atas maka akan menyebabkan negara tersebut tidak dapat menggunakan fleksibilitas yang diberikan oleh perjanjian HKI pada level multilateral (TRIPS Agreement) dan hal tersebut berdampak pada tidak terpenuhinya hak-hak dasar yaitu: hak atas pendidikan, hak atas kesehatan dan akses obat-obatan secara terjangkau dan murah, serta hak atas pangan.

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Rikowski, Ruth. "TRIPS into the Unknown: libraries and the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights." IFLA Journal 29, no. 2 (June 2003): 141–51. http://dx.doi.org/10.1177/034003520302900205.

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Vandoren, Paul, and Jean Charles Eeckhaute. "The Wto Decision on Paragraph 6 of the Doha Declaration on the Trips Agreement and Public Health." Journal of World Intellectual Property 6, no. 6 (November 1, 2005): 779–93. http://dx.doi.org/10.1111/j.1747-1796.2003.tb00242.x.

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Abbott, F. M. "The Doha Declaration on the TRIPS Agreement and Public Health: Lighting a Dark Corner at the WTO." Journal of International Economic Law 5, no. 2 (June 1, 2002): 469–505. http://dx.doi.org/10.1093/jiel/5.2.469.

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Journal articles on the topic 'TRIPS Agreement/WTO'

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