Relevant bibliographies by topics / WTO-Trips flexibilities

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  1. Journal articles
  2. Dissertations / Theses
  3. Book chapters

Academic literature on the topic 'WTO-Trips flexibilities'

Author: Grafiati
Published: 4 June 2021
Last updated: 14 February 2022

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Journal articles on the topic "WTO-Trips flexibilities"

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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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SAYEED, Muhammad A. "Revisiting the Regime of Trademark Protection in Bangladesh: TRIPS Compatibility and Ramifications." Asian Journal of International Law 7, no. 2 (May 4, 2016): 264–86. http://dx.doi.org/10.1017/s2044251316000035.

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AbstractBangladesh recently established a new trademark regime in 2009, repealing the seventy-year-old statute that was enacted as a response of the colonial government to comply with the requirements of the Paris Convention. This newly established regime governing the protection of trademarks was particularly important in discharging Bangladesh’s obligations under the WTO Agreement on TRIPS. The present study is an attempt to examine the compatibility of Bangladeshi law with the TRIPS regime of trademarks. The major focus of this study is, however, confined to the TRIPS compatibility of the Trademarks Act in relation to the aspects of acquisition and cancellation of trademark rights in particular, and the nature and scope of these rights in general. In so doing, this paper thus speaks of the success and ramifications of the present regime in exploiting the TRIPS flexibilities—the challenge that Bangladesh is supposed to encounter as a member of LDCs.
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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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SOYEJU, OLUFEMI, and JOSHUA WABWIRE. "The WTO–TRIPS Flexibilities on Public Health: A Critical Appraisal of the East African Community Regional Framework." World Trade Review 17, no. 1 (May 4, 2017): 145–68. http://dx.doi.org/10.1017/s1474745617000143.

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AbstractOver the years, many developing countries have attempted to make policies utilizing the WTO–TRIPS flexibilities to address the public health needs of their populations. A common strategic trend in these policies has been the tendency to attempt to increase access to medicines through price reduction, achieved by weakening patent protection. This paper, using the policy that has recently been adopted by the East African Community (EAC) member states as a case study, demonstrates the inappropriateness of this strategy. The core argument is that weakening patent protection will hinder further research and invention, which are necessary to ensure the availability of medicines. For developing countries, especially those in Africa, such as the EAC member states, the problem is aggravated by the fact that pharmaceuticals, due to commercial considerations, have already ignored investing in developing medicines for diseases predominant in these countries, hence the need to strengthen rather than weaken, patent protection.
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Sibanda, Omphemetse S. "Comparative analysis of access to patented HIV/AIDS pharmaceutical medicines through the Canadian and EU TRIPS flexibilities measures: are they efficacious or overly burdensome and ineffective measures?" Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 15, no. 2 (May 25, 2017): 520. http://dx.doi.org/10.17159/1727-3781/2012/v15i2a2498.

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This paper evaluates the Canadian and the European Union's (EU) implementation of the World Trade Organisation (WTO) General Council Decision of 2003, which resolved that developed nations could export patented pharmaceutical drugs to member states in order to address public health challenges such as Human Immunodeficiency Virus/Acquired Immune Deficiency Syndrome (HIV/AIDS), tuberculosis, malaria and other epidemics, such states including Sub-Saharan Africa (SSA). The author makes a primarily textual appraisal of how and to what extent the Canada Access to Medicine Regime (CAMR) and European Union (EU) Regulations benefit, for instance, SSA countries in the WTO in their quest to make essential medicine more accessible. The author argues that although there are identifiable complexities inherent in the Canadian and the EU's access to pharmaceutical product regimes, there are far more important incentives and benefits that can be reaped in taking advantage of the respective systems. The author recommends that countries facing public health crises/emergencies, such as SSA countries, and non-governmental organisations (NGOs) take advantage of the regulatory flexibilities of Canada and the EU in their efforts to provide their communities with essential HIV/AIDS treatment, and treatment for other diseases such as malaria. The author dismisses the arguments against TRIPS (Trade-Related Aspects of Intellectual Property) flexibilities-inspired legislation and similar measures as mostly mere rhetoric and hair-splitting, because they sometimes unwarrantedly dismiss a workable solution to public-health problems.
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Love, Roy. "Corporate wealth or public health? WTO/TRIPS flexibilities and access to HIV/AIDS antiretroviral drugs by developing countries." Development in Practice 17, no. 2 (April 2007): 208–19. http://dx.doi.org/10.1080/09614520701195915.

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Baker, Brook K. "Arthritic Flexibilities for Accessing Medicines: Analysis of WTO Action Regarding Paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health." Indiana International & Comparative Law Review 14, no. 3 (January 3, 2004): 613–716. http://dx.doi.org/10.18060/17822.

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Shanmugaiah, Kamini. "THE IMPACT OF TRIPS AGREEMENT ON ACCESS TO MEDICINES IN DEVELOPING COUNTRIES: LEGAL CHALLENGES FACED BY THE PHARMACEUTICAL INDUSTRY PARTICULARLY IN INDIA." UUM Journal of Legal Studies, December 1, 2012. http://dx.doi.org/10.32890/uumjls.3.2012.4549.

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The impact of intellectual property rights in particular patent relating to public health has posed numerous challenges faced by developing countries who are members of World Trade Organisation (WTO). This paper examines the impact of TRIPS Agreement (Trade Related Intellectual Property Rights) in relation to developing countries in general with specification made to India. Significant changes brought about by the TRIPS flexibilities in particular usage of compulsory licensing and Bolar provision have to a certain extent benefited the developing countries in the field of public health during national emergency. The TRIPS flexibilities by way of amendment have helped countries that (do not possess manufacturing capacities) to import medicines. Some developing countries even utilised TRIPS flexibilities in an aggressive manner to enforce their right to have access to medicines from other countries for the benefit of their citizens. Further, TRIPs flexibilities have helped developing countries to manufacture generic products to make it affordable to the people. This paper specifically examines the impact of the TRIPS Agreement on Indian generic pharmaceutical industry and the legal challenges faced by Indian pharmaceutical industry after the implementation of product patent regime effective from 1 January 2005. The Patent Amendment Act 2005(India) will be looked into especially on the controversy in respect of Section 3(d) of the Patent Amendment Act 2005(India) on the requirement of patentability. The new Section 92A of the Patent Amendment Act 2005(India) on the grounds to invoke compulsory licensing will be analysed to see whether Indian government has applied restrictive or broad approach, as compulsory licensing is certainly an important legal
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Chowdhury, Mohammad Aktarul Alam. "TRIPS and Innovative Capacity of Bangladesh’s Pharmaceutical Industry: Promotion of Access to Essential Medicine." IIUC Studies, April 21, 2016, 111–26. http://dx.doi.org/10.3329/iiucs.v10i0.27430.

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The WTO agreement on Trade- Related Aspect of Intellectual Property Rights (TRIPS) evolved some significant flexibilities in the Intellectual Property Rights on pharmaceutical product, especially regarding right of access to affordable medicine for the developing and least developed countries people as recognized in its Doha Declaration and in a related post-declaration decision. However, provisions of granting uniform character of pharmaceutical patents in all developing and lest developed countries put forward a strong debate over the globe for ensuring access to essential medicine to the poorer section of the member states of the WTO. Though Bangladesh, as a least developed country, has extended time up to 2016 to implement the pharmaceutical patent complying with the provisions of the TRIPS, such flexibilities seem to be a great challenge especially for Bangladesh where local technological capabilities and developed infrastructures to produce generic version of medicine still in nascent stage. In this context, this article demonstrates whether, in term of socio-economical conditions of the developing and least developed countries, this Western-style of IP provisions, is suited for Bangladesh. This paper seeks to explore and argue that in the absence of a strong institutional innovative capacity and the local technical expertise, whether Bangladesh’s pharmaceuticals sector can be able to supply marginal-cost substitutes of essential drug to other developing and least developed countries in the frame work of TRIPS flexibilities. To find out an effective and comprehensive solution this paper concentrates on theinnovative capacity and competitiveness of the pharmaceutical sector and status of current pharmaceutical regulation and patent law in Bangladesh.IIUC Studies Vol.10 & 11 December 2014: 111-126
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Nguyen, Tu T., and Hans Henrik Gunnar Lidgard. "WTO Competition Law Revisited: From TRIPS Competition Flexibilities and Singapore Issues to the WTO Agenda of a Post-Doha Round." SSRN Electronic Journal, 2009. http://dx.doi.org/10.2139/ssrn.1455366.

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Dissertations / Theses on the topic "WTO-Trips flexibilities"

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Majok, Daniel Bol. "Access to essential medicines in East Africa: A review of East Africa community and its member states approach to WTO-TRIPS public health flexibilities." University of the Western Cape, 2018. http://hdl.handle.net/11394/6202.

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When the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) was annexed to the Agreement Establishing the World Trade Organisation (WTO) in 1994, it set minimum standards for intellectual property (IP) protection, including protection of patent rights, that must be observed and enforced by all WTO Member States. On the one hand, stringent Intellectual Property protection as seen innovation in the field of science where medical innovation hasled to the creation of live saving vaccines which have reduced prevalence of diseases, ranging from polio to the human Papillomavirus, and invention of antiretroviral medicines which have greatly improved the lives of people living with the Huma Immunodeficiency Virus (HIV). On the other hand, the fulfilment of the obligations under TRIPS has generated a lot of controversy especially as they have been seen as the cause of reduced access to essential medicines in developing countries.
Magister Legum - LLM (Mercantile and Labour Law)
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2

Warwire, Joshua. "Utilizing the WTO-Trips flexibilities on public health at a regional level : a critical review of the East African communinity framework." Diss., 2014. http://hdl.handle.net/2263/43678.

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The East African Community (EAC) states recently adopted a policy on utilising the WTO-TRIPS flexibilities on public health. The policy spells out a number of flexibilities and the minimum standards thereof to be enacted in domestic legislation. This study critically reviews this policy. In doing this, the study notes that the EAC member states, like most developing states, have very low per capita income levels. The people are too poor to afford expensive medicines. At the same time, these countries are faced with peculiar, region-specific diseases, the so-called ‘African diseases.’ Already, these diseases have been neglected by foreign pharmaceuticals reluctant to invest in developing medicines for poor markets. There are no established pharmaceuticals in the EAC states. It is against this background that this research makes an argument against the aforementioned policy. It will be demonstrated that the policy is biased towards ensuring access to medicines through price-reduction, at the expense of patent protection. This approach is inappropriate because: first, given the absence of market incentives to invest in developing medicines for African diseases, the policy will only worsen the already bad situation since it undermines the strongest alternative incentive (patent protection); and second, such a policy will not only discourage foreign pharmaceuticals further but also suppress domestic pharmaceutical activity, which is undoubtedly necessary in view of the growing neglect of African diseases by foreign pharmaceuticals.
Dissertation (LLM)--University of Pretoria, 2014
gm2015
Centre for Human Rights
LLM
Unrestricted
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Book chapters on the topic "WTO-Trips flexibilities"

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Frazão Leme, Letícia. "Flexibilities Under Article 39.3 of the TRIPS Agreement: Protection of Pharmaceutical Test Data and the Case of Brazil." In The WTO Dispute Settlement Mechanism, 339–55. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-030-03263-0_22.

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