Norm Relations Amongst Multilateral Treaties

2017 ◽  
Author(s):  
Henning Grosse Ruse-Khan
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
World Trade ◽  
World Trade Organisation ◽  
Multilateral Agreements ◽  
The World ◽  
History Of ◽  
New Institutions ◽  
Ip Law ◽  
New Instruments

This chapter explores the revisions of and special agreements to the Berne and Paris Conventions. Amongst the multilateral agreements in the international intellectual property (IP) system, these Conventions stand out as those with a long history of more than a hundred years of existence. However, international IP law has since developed outside of the two ‘classic’ conventions. Increasingly, these developments have taken place in different forums, such as trade negotiations, and in new institutions, such as the World Trade Organisation (WTO). This raises the question on how these new instruments relate to the classic treaties. As such, the chapter also analyses the WTO Agreement on Trade Related Aspects of International Property Rights (TRIPS) and its relations with the main pre-existing IP treaties.

scholarly journals Sources of Law in the World Trade Organisation

2015 ◽  
Vol 2 (2) ◽  
pp. 16-25
Author(s):  
Giga Abuseridze
Keyword(s):  
Intellectual Property ◽  
International Law ◽  
World Trade ◽  
World Trade Organisation ◽  
Property Right ◽  
Intellectual Property Right ◽  
Trade In Services ◽  
Multilateral Agreements ◽  
The World ◽  
Principal Source

World Trade Organisation (WTO) law is, by international law standards, a wide-ranging and complex body of law. This Paper deals with the issue of sources of law in the WTO. The principal source of WTO law is the Marrakesh Agreement Establishing the WTO, concluded on April 15, 1995 and in force since January 1, 1995. The author presents various sources of WTO law, such as: 1. The Marrakesh Agreement Establishing the World Trade Organisation; 2. General Agreement on Tariffs and Trade 1994; 3. General Agreement on Trade in Services; 4. Agreement on Trade-Related Aspects of Intellectual Property Right; 5. Other Multilateral Agreements on Trade in Goods. Pasaules Tirdzniecības organizācijas (PTO) tiesību akti atbilst starptautisko tiesību standartiem; tie ir plašs un sarežģīts tiesību aktu kopums. Rakstā apskatīti PTO tiesību avoti. Galvenais PTO tiesību avots ir Marakešas līgums par Pasaules Tirdzniecības organizācijas izveidošanu. Tas noslēgts 1995. gada 15. aprīlī. Publikācijas autors iepazīstina ar vairākiem PTO tiesību avotiem, piemēram, – Marakešas līgumu par Pasaules Tirdzniecības organizācijas izveidošanu; ar Vispārējo vienošanos par tarifiem un tirdzniecību; Vispārējo vienošanos par pakalpojumu tirdzniecību; Līgumu par ar tirdzniecību saistītām intelektuālā īpašuma tiesībām un citiem daudzpusējiem nolīgumiem par preču tirdzniecību.

scholarly journals Intellectual Property Rights Issues in Indian Pharmaceutical Industry

2021 ◽  
pp. 281-286
Author(s):  
H. C. Bindusha
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
World Trade ◽  
Manufacturing Industry ◽  
World Trade Organisation ◽  
Pharmaceutical Companies ◽  
Compulsory Licensing ◽  
Life Saving ◽  
The World

Historically, India has neglected, and even made a farce of, pharmaceutical patents.  In fact, it was not until 2005 that India offered patent protections for pharmaceutical companies at all.  This has led to abuses of the compulsory licensing agreement with the World Trade Organisation, and has led to major criticisms of other global pharmaceutical companies like Pfizer, Roche, and Bayer. According to these companies, India’s generic drug manufacturing industry is destroying R&D funding and future innovation. This is because the companies which invented the brand name drugs are not receiving royalties; and therefore, losing out on profit, a lot of which would have been put back into R&D. While the World Trade Organisation under the Trade Related Aspects of Intellectual Property Rights (TRIPS) agreement (Doha Declaration) has provided for the use of compulsory licenses (temporary patent rights for life-saving pharmaceuticals), recently India has been more lenient in its use of this stipulation. In fact, the first use was in 2012 for Nexavar. Since then India has used the compulsory licensing provision at least five times. The total numbers of Indian Pharmaceutical Companies those who are having Research and Development facilities and also having Intellectual Property Rights for the past five years consecutively are take for this study.

General Principles for Integration

2017 ◽  
Author(s):  
Henning Grosse Ruse-Khan
Keyword(s):  
Conflict Resolution ◽  
Intellectual Property ◽  
World Trade ◽  
Dispute Settlement ◽  
World Trade Organisation ◽  
Resolution Function ◽  
Wto Dispute Settlement ◽  
History Of ◽  
Prior Analysis

This chapter reviews the broader principles in the international intellectual property (IP) system that fulfil an indirect integration or conflict resolution function, with a focus on those emanating from and applicable to the Trade Related Aspects of International Property Rights (TRIPS) Agreement. In focusing on Articles 7 and 8 of TRIPS, the chapter builds on prior analysis about the role of these provisions in establishing an agreed, common object and purpose of the principal global IP treaty with relevance beyond TRIPS. In light of the origins and negotiation history of Articles 7 and 8 TRIPS, the chapter shows how these provisions can be applied to integrate ‘external’ objectives and interests via interpretation and implementation. Next, this chapter reviews their very poor record of application in the first twenty years of World Trade Organisation (WTO) dispute settlement. It concludes with suggestions for an appropriate recognition of external norms, objectives, and interests via Articles 7 and 8.

scholarly journals Not Tripping over TRIPS: An Analysis of Necessity and Legality of the COVID-19 TRIPS Waiver Proposal

2022 ◽  
Vol 10 (5) ◽  
pp. 61-65
Author(s):  
Ahan Gadkari ◽  
◽  
Sofia Dash ◽  
Keyword(s):  
South Africa ◽  
Intellectual Property ◽  
Property Rights ◽  
World Trade Organization ◽  
Intellectual Property Rights ◽  
World Trade ◽  
Vaccine Development ◽  
Pharmaceutical Manufacturing ◽  
The World ◽  
Fair Distribution

The availability of vaccinations against COVID-19 provides hope for containing the epidemic, which has already claimed over 2.84 million lives. However, inoculating millions of individuals worldwide would need large vaccine manufacturing followed by fair distribution. A barrier to vaccine development and dissemination is the developers' intellectual property rights. India and South Africa have jointly sought to the World Trade Organization that certain TRIPS rules of COVID-19 vaccines, medicines, and treatments be waived. This piece argues for such a waiver, highlighting the unique circumstances that exist. It believes that TRIPS's flexibilities are inadequate to cope with the present epidemic, particularly for nations without pharmaceutical manufacturing competence.

IV. Intellectual Property

2001 ◽  
Vol 50 (3) ◽  
pp. 714-724
Author(s):  
Joe McMahon ◽  
Catherine Seville
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
World Trade Organization ◽  
Intellectual Property Rights ◽  
World Trade ◽  
Trips Agreement ◽  
Global System ◽  
The World

This Journal's previous piece on current developments in EC intellectual property noted that this area of law is dominated by the drive towards harmonisation.1 This drive continues, and its success has been such that it can now begin to be seen in an overarching context of globalisation. The idea of a unified global system for the protection of intellectual property now seems at least conceivable, even if not immediately achievable. It is even possible to state that some stages have been achieved on the journey, most notably the TRIPs Agreement. Since adherence to this is a requirement of World Trade Organization (WTO) membership, the arguments in its favour have suddenly become “persuasive”. It represents a tremendous achievement in terms of the protection and enforcement of intellectual property rights throughout the world. The World Intellectual Property Organisation's contribution here and elsewhere has been immense.

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