A health professional’s guide to the intersection of public health with intellectual property rights in trade and investment: the case of tobacco plain packaging

2019 ◽  
Vol 41 (1) ◽  
pp. 52-62
Author(s):  
Caitlin Pley ◽  
Maarten Rutger van der Heijden ◽  
Charlotte Tulinius
Keyword(s):  
Public Health ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Plain Packaging ◽  
Trade And Investment

scholarly journals Transatlantic trade and investment partnership (TTIP) and the spill overs effects on the Gulf – cooperation council

2017 ◽  
Vol 59 (1) ◽  
pp. 35-51
Author(s):  
Nadia Naim
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Trade Agreement ◽  
Global Trade ◽  
Content Type ◽  
Transatlantic Trade ◽  
The Usa ◽  
Trade And Investment ◽  
The Eu

Purpose The purpose of this paper is to examine the transatlantic trade and investment partnership (TTIP). The EU and the USA are negotiating the TTIP, a trade agreement that aims to remove trade barriers across different economic sectors to increase trade between the EU and the USA. The TTIP will have spill over effects on the MENA region, the GCC, Australia and the Asian sub-continent, as it raises key questions for intellectual property and international trade agreements. For instance, will the USA and EU be on an equal footing or will one triumph over the other, will third party countries like the GCC states be expected to adopt new standards. Design/methodology/approach The research design is a paper and online data collection method to find literature to date on intellectual property law development in the GCC states in relation to the three research objectives as set out above. The literature is the population, and this could prove problematic. Different databases have been used to cover all sources where data can be found. Findings As the EU-USA TTIP is aiming to conclude by the end of 2015, the GCC has an opportunity to reassess its relationship with both the EU and GCC. Up until now, the GCC was able to enter into negotiations with the EU and USA relatively independently. However, where the EU and USA can agree, there will be a harmonisation of regulations. This therefore has repercussions for the GCC. The TTIP has three main aims: to increase trade and investment through market access, increase employment and competitiveness and create a harmonised approach to global trade. To harmonise global trade, the EU and USA aim to harmonise their intellectual property rights through an intellectual property rights chapter that deals specifically with enhancing protection and recognition for geographical indications, build on TRIPS and patentability. Research limitations/implications This study is non-empirical. Originality/value The TTIP will have spill over effects for the GCC, as it has yet to finalise the EU-GCC free trade agreement and USA-GCC framework agreement. The power dynamics between the USA and EU will be a deciding factor on the intellectual property chapter in the TTIP in terms of what the provisions for intellectual property will look like and what powers will be available to investors to bring investor-state-dispute settlement claims against foreign countries.

scholarly journals Shariah Attitude Towards Genetically Modified Foods: Aqli and Naqli Analysis

2019 ◽  
Vol 17 (july 2019) ◽  
pp. 14-28
Author(s):  
Yasmin Hanani Mohd Safian
Keyword(s):  
Public Health ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Genetically Modified ◽  
Scientific Research ◽  
Western World ◽  
Natural Processes ◽  
Gm Food ◽  
The World

Genetically modified (GM) food issue has sparked the debate, particularly in the Western world, on its detrimental effects to public health and the environment. Among the GM food producers and companies, the claim for intellectual property rights arise for food products and seeds for the technology they are licensing to farmers. For some Muslims and other God-conscious people, tampering with nature by implanting genes from one organism into another which nature has not sanctioned through natural processes and such legal claims is considered to be intolerable. The ‘terminator gene’ introduced by the companies are likely to lead to monopoly and encroachment of the world agro-economics, predominantly held in the hands of conglomerates. This study examines the Shariah attitudes towards GM food using aqli and naqli approach analysis. The aqli approach used in this paper includes analysis of modern scientific research to determine the benefits and harms of GM food. The naqli approach includes examination of related legal evidences from Quran, Hadith and scholars’ view. At the same time, the relevant Shariah principles are discussed to determine the validity of GM food.

The Treatment of Public Health Measures Affecting Intellectual Property Under Multilateral and Plurilateral Trade and Investment Agreements

2019 ◽  
Vol 20 (5) ◽  
pp. 759-783
Author(s):  
Mark Davison ◽  
Patrick Emerton
Keyword(s):  
Public Health ◽  
Intellectual Property ◽  
Intellectual Property Rights ◽  
World Trade ◽  
Health Measures ◽  
The World ◽  
Regulatory Measures ◽  
Investment Agreements ◽  
Indirect Reference ◽  
Trade And Investment

Abstract This article considers the interpretation of provisions in international economic agreements that protect intellectual property as they relate to public health measures, and in particular to restrictions on the use of tobacco trademarks. A series of decisions, most recently the World Trade Organization (WTO) panel decision holding that Australia’s plain packaging measures for tobacco products comply with WTO obligations, allow for some generalisations. These include: (1) the nature of intellectual property rights is to confer a privilege of exclusive use on the rights-holder; (2) the interpretation of generally-worded treaty provisions is apt to be informed by recognition of the power of States to regulate for the purposes of public health; and (3) where provisions contain their own specifically-worded balancing tests, any direct or indirect reference to regulation for public health contained in the treaty is likely to be treated as weighing very heavily in favour of the legality of regulatory measures.

Philip Morris v. Uruguay: The Punta del Este Declaration on the Implementation of the WHO Framework Convention on Tobacco Control

2011 ◽  
Vol 2 (2) ◽  
pp. 254-260 ◽  
Author(s):  
Benn McGrady
Keyword(s):  
International Trade ◽  
Intellectual Property ◽  
Property Rights ◽  
Tobacco Control ◽  
Intellectual Property Rights ◽  
International Investment ◽  
Philip Morris ◽  
The Relationship ◽  
Investment Agreements ◽  
Trade And Investment

In November 2010, 171 Parties to the WHO Framework Convention on Tobacco Control (WHO FCTC) unanimously adopted the Punta del Este Declaration on implementation of the Convention. The Declaration follows the filing of an international investment claim against Uruguay by Philip Morris Products (Switzerland) and related companies. The Declaration reaffirms the commitment of the 171 WHO FCTC Parties to implementation of the Convention and addresses the relationship between the WHO FCTC and international trade and investment agreements, particularly in the context of intellectual property rights. This article outlines the Request for Arbitration, sets out the Declaration and the broader normative context in which it arose before touching briefly on the implications of the Declaration.

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