Intellectual Property Rights in the Agenda of the Developing Countries. Intellectual Property Laws and Access to Medicines

2009 ◽  
pp. 153-184
Author(s):  
María Fabiana Jorge
Keyword(s):  
Developing Countries ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Access To Medicines

scholarly journals Die Globalisierung von Rechten an geistigem Eigentum und der Nord-Süd-Konflikt

2002 ◽  
Vol 32 (126) ◽  
pp. 103-125
Author(s):  
Michael Frein
Keyword(s):  
Developing Countries ◽  
Intellectual Property ◽  
Property Rights ◽  
Multinational Corporations ◽  
Intellectual Property Rights ◽  
World Trade Organisation ◽  
Access To Medicines ◽  
Trips Agreement ◽  
The Poor ◽  
The Rich

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.

scholarly journals Trade, Medicines & Human Rights:  Protecting Access to Medicines  in Fiji & the Pacific

2021 ◽  
Author(s):  
◽  
Sarah Meads
Keyword(s):  
Developing Countries ◽  
Human Rights ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Access To Medicines ◽  
Small Island ◽  
Pacific Region ◽  
The Pacific ◽  
Health And Economic Development

<p>Restrictive provisions in international trade agreements, particularly trade related intellectual property rights (TRIPS), are impeding access to essential medicines in developing countries, making medicines unaffordable to poor people. The extent to which trade restrictions have adverse effects on health and economic development in Fiji and the Pacific region may depend critically on how Pacific Island Countries cope with the forces of regionalism and the realities of joining the global trading system, where there are pressures to make concessions in TRIPS. Yet awareness is relatively low. A central question to be asked here is what underlying factors shape how Pacific islanders view trade and access to medicines, notably in the area of trade, health, local culture, and human rights and what are the regional and national responses to mitigate potential trade impediments. By combining a public health lens with a multi-sector review of population health trends, intellectual property rights law, trade policymaking, and human rights, this research elaborates multidisciplinary findings that are usually less evident because they are conventionally researched and managed on a sector-by-sector basis. The findings suggest human rights are less significant in this debate, with challenges associated with small island developing states, local cultural preferences and pressures from regionalism, having more of a direct influence. The combined effect of these factors may be creating a unique context that is leading the Pacific region not to deal with these issues as well as some other developing countries might. This paper also discusses the emergence of two new challenges for human rights theory; to promote the collective rights of individual countries in the 'new regionalism', and the relationship with traditional knowledge.</p>

scholarly journals Trade, Medicines & Human Rights:  Protecting Access to Medicines  in Fiji & the Pacific

2021 ◽  
Author(s):  
◽  
Sarah Meads
Keyword(s):  
Developing Countries ◽  
Human Rights ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Access To Medicines ◽  
Small Island ◽  
Pacific Region ◽  
The Pacific ◽  
Health And Economic Development

<p>Restrictive provisions in international trade agreements, particularly trade related intellectual property rights (TRIPS), are impeding access to essential medicines in developing countries, making medicines unaffordable to poor people. The extent to which trade restrictions have adverse effects on health and economic development in Fiji and the Pacific region may depend critically on how Pacific Island Countries cope with the forces of regionalism and the realities of joining the global trading system, where there are pressures to make concessions in TRIPS. Yet awareness is relatively low. A central question to be asked here is what underlying factors shape how Pacific islanders view trade and access to medicines, notably in the area of trade, health, local culture, and human rights and what are the regional and national responses to mitigate potential trade impediments. By combining a public health lens with a multi-sector review of population health trends, intellectual property rights law, trade policymaking, and human rights, this research elaborates multidisciplinary findings that are usually less evident because they are conventionally researched and managed on a sector-by-sector basis. The findings suggest human rights are less significant in this debate, with challenges associated with small island developing states, local cultural preferences and pressures from regionalism, having more of a direct influence. The combined effect of these factors may be creating a unique context that is leading the Pacific region not to deal with these issues as well as some other developing countries might. This paper also discusses the emergence of two new challenges for human rights theory; to promote the collective rights of individual countries in the 'new regionalism', and the relationship with traditional knowledge.</p>

International Seminar – Contributions to the Development Agenda on Intellectual Property Rights

2008 ◽  
Vol 10 (2) ◽  
Author(s):  
Ana Celia Castro ◽  
Maria Beatriz Amorim Bohrer
Keyword(s):  
Developing Countries ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Patent Law ◽  
Patent System ◽  
International Seminar ◽  
Development Agenda

TRIPS as it stands is against the interests of developing countries, and needsreform. In developing their own patent law, developing countries need to recognizethat there is now near consensus among informed observers that patentlaw and practice have, in some cases, overshot, and need to be reformed. Thatis the burden of the recent NAS/NRC report on “A Patent System for the 21stCentury.

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