“Trust Me”: Patent Offices in Developing Countries

2008 ◽  
Vol 34 (2-3) ◽  
pp. 151-174 ◽  
Author(s):  
Peter Drahos
Keyword(s):  
Developing Countries ◽  
Intellectual Property ◽  
Intellectual Property Rights ◽  
World Trade ◽  
Access To Medicines ◽  
Property Law ◽  
Patent Office ◽  
Pharmaceutical Markets ◽  
The World

Patent rules matter to the structure and evolution of pharmaceutical markets. If they did not, pharmaceutical multinationals would not spend resources on their globalization and content. The role of pharmaceutical multinationals in shaping the patent provisions of the Agreement on the Trade-Related Aspects of Intellectual Property Rights (TRIPS) has been well documented. The contributions of developing country coalitions and nongovernmental organizations (NGOs) in the World Trade Organization (WTO) on TRIPS and access to medicines have also been studied.One actor, the patent office, has largely escaped detailed scrutiny in the literature that has grown around intellectual property law and access to medicines. There is an obvious explanation. Patent offices are administrative bodies. They administer patent standards that are decided and defined by others – the courts, legislatures or the executive acting in the context of treaty negotiation. For those interested in the structural reform of pharmaceutical markets, reforming patent office administration has not been a high priority.

Compulsory Licensing in Canada and Thailand: Comparing Regimes to Ensure Legitimate Use of the WTO Rules

2009 ◽  
Vol 37 (2) ◽  
pp. 222-239 ◽  
Author(s):  
Kristina M. Lybecker ◽  
Elisabeth Fowler
Keyword(s):  
Developing Countries ◽  
Intellectual Property ◽  
Intellectual Property Rights ◽  
World Trade ◽  
Trips Agreement ◽  
Essential Medicines ◽  
Compulsory Licensing ◽  
The World ◽  
Aids Crisis ◽  
Doha Declaration

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.

Biotechnological Patents and Morality

2011 ◽  
pp. 141-151
Author(s):  
Jakkrit Kuanpoth
Keyword(s):  
Developing Countries ◽  
Intellectual Property ◽  
World Trade Organization ◽  
Intellectual Property Rights ◽  
World Trade ◽  
Patent Protection ◽  
Patent Law ◽  
Legal Analysis ◽  
The World ◽  
Micro Organisms

The chapter deals with ethical aspects of patent law and how the global patent regime helps or hinders the development of a developing country such as Thailand. More specifically, it discusses Article 27.3 of the World Trade Organization (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which states that countries may exclude methods of medical treatment, plants and animals (but not micro-organisms) from patent protection. It also provides legal analysis on the issue of whether developing countries can maximize benefits from the TRIPS morality exception (Article 27.2) in dealing with biotechnological patenting.

Role of Intellectual Property Rights for Achiveing Sustainable Development:A Present Scenario

LAW REVIEW ◽  
2018 ◽  
Vol 38 (1) ◽  
Author(s):  
Ali Nawaz Zaidi ◽  
Yashfeen Ali
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
World Trade ◽  
Significant Part ◽  
The World ◽  
Exchange Transactions ◽  
Short Presentation

From an expansive reasonable improvement perspective, licensed innovation (IP) may identify with various parts of a nation’s social and financial advancement. Its effect can be felt in mechanical, wellbeing, training, sustenance, biodiversity and social approaches. In investigating the issues identifying with maintainable improvement and the essential changes that have occurred in the IP scene, we will centre around issues that are attracting specific consideration real worldwide fora and to advancements that are occurring in two-sided exchange transactions. This paper will in this manner centre around understanding the centrality of the World Trade Organization’s (WTO) Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPS), look at its fundamental highlights and evaluate the manners by which it has changed the scene of IP relations. In doing as such the paper investigates the key IP issues identified with feasible improvement, with accentuation on patterns and remarkable inquiries in the worldwide talk. In this regard, the issues identified with access to learning, access to wellbeing and the connection between the worldwide IP engineering and the security of biodiversity and conventional information (TK) has involved a significant part of the consideration of policymakers. This paper in like manner focuses its request on these issues. We start with a short presentation on the reason and the fundamental controls of licensed innovation rights (IPRs).

Biotechnological Patents and Morality

2013 ◽  
pp. 1417-1427
Author(s):  
Jakkrit Kuanpoth
Keyword(s):  
Developing Countries ◽  
Intellectual Property ◽  
World Trade Organization ◽  
Intellectual Property Rights ◽  
World Trade ◽  
Patent Protection ◽  
Patent Law ◽  
Legal Analysis ◽  
The World ◽  
Micro Organisms

The chapter deals with ethical aspects of patent law and how the global patent regime helps or hinders the development of a developing country such as Thailand. More specifically, it discusses Article 27.3 of the World Trade Organization (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which states that countries may exclude methods of medical treatment, plants and animals (but not micro-organisms) from patent protection. It also provides legal analysis on the issue of whether developing countries can maximize benefits from the TRIPS morality exception (Article 27.2) in dealing with biotechnological patenting.

WIPO's International Registration of Trademarks: An International Administrative Act Subject to Examination by the Designated Contracting Parties

2008 ◽  
Vol 9 (11) ◽  
pp. 1597-1624 ◽  
Author(s):  
Karen Kaiser
Keyword(s):  
Developing Countries ◽  
Intellectual Property ◽  
International Institutions ◽  
World Intellectual Property Organization ◽  
Property Law ◽  
Industrial Property ◽  
Intergovernmental Organization ◽  
Intellectual Property Law ◽  
The World

Although the World Intellectual Property Organization (WIPO) is a technical intergovernmental organization with a limited mandate, it has been entrusted with a panoply of tasks. These include, inter alia, the international harmonization of intellectual property law, the administration of fee-based global intellectual property protection services, and the delivery of dispute resolution services to individuals. While the central role of WIPO in the continuous development of substantive intellectual property law has been questioned by developing countries, the administrative activities of WIPO have remained largely unscathed by critique and, therefore, have not attracted much attention. They revolve around the international filing, registration or recognition of industrial property rights, such as patents, industrial designs and trademarks, and provide an interesting perspective on the law of international institutions.

Kryzys ochrony zdrowia publicznego na tle problemu dostępu do szczepionek przeciw COVID-19

2021 ◽  
Vol 5(166) ◽  
pp. 249-265
Author(s):  
Maciej Barczewski ◽  
Sebastian Sykuna
Keyword(s):  
Intellectual Property ◽  
Intellectual Property Rights ◽  
World Trade ◽  
Legal Framework ◽  
Medicinal Products ◽  
Public Attention ◽  
Leading Role ◽  
The World ◽  
New Type

The Acute Respiratory Syndrome (SARS-CoV-2) pandemic has exposed significant weaknesses in many countries in terms of preparedness to deal with a completely new type of public health threat. Difficulties and delays in the supply of COVID-19 vaccines have drawn public attention to the leading role played by transnational corporations in access to medicinal products. The authors consider these problems against the background of the concept of epidemiological solidarity and the legal framework for the protection of intellectual property in the World Trade Organization. In this context, they point out the key role of human rights as an instrument to prevent the abuse of intellectual property rights.

Review of Article 27.3(b) and the Patenting of Life Forms: Hitting a BRIC Wall in the WTO?

2021 ◽  
Vol 26 (2) ◽  
pp. 289-318
Author(s):  
Jagjit Plahe ◽  
Nitesh Kukreja ◽  
Sunil Ponnamperuma
Keyword(s):  
Developing Countries ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
World Trade ◽  
Private Property ◽  
Life Forms ◽  
Private Property Rights ◽  
Ethical Concerns ◽  
The World ◽  
Over Time

Abstract Under Article 27.3(b) of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement of the World Trade Organization (WTO), all members are required to extend private property rights to life forms. Using official WTO documents, this article analyzes the negotiating positions of WTO members on life patents during a review of Article 27.3(b) which commenced in 1999 and is currently ongoing. Initially, developing countries raised serious ethical concerns regarding life patents, creating a clear North-South divide. However, over time the position of Brazil and India moved away from the ethics of life patents to the prevention of bio-piracy, a position supported by China. Russia too is supportive of life patents. A group of small developing countries have, however, continued to question the morality of life patents despite this “BRIC wall,” changing the dynamics of the negotiations from a North-South divide to one which now includes a South-South divide.

PERAN HAK CIPTA DALAM PEMBANGUNAN DAN KESEJAHTERAAN MASYARAKAT

2020 ◽  
Vol 2 (3) ◽  
pp. 37
Author(s):  
Andi Baso Ilmar M
Keyword(s):  
Intellectual Property ◽  
Intellectual Property Rights ◽  
Public Awareness ◽  
Rapid Development ◽  
Economic Value ◽  
Property Law ◽  
Community Activities ◽  
The Government ◽  
Legal Infrastructure

AbstrakIndonesia sebagai salah satu negara yang mengatur ketentuan Hak Kekayaan Intelektual khususnya Hak Cipta diatur dalam Undang-Undang Nomor 28 Tahun 2014 tentang Hak Cipta. Seiring dengan pesatnya perkembangan kreatifitas masyarakat dalam lingkup Hak Cipta yang memiliki nilai ekonomis dan dapat berpengaruh pada pertumbuhan ekonomi dalam masyarakat, kemudian bagaimana Hukum Kekayaan Intelektual khususnya dibidang Hak Cipta dapat meningkatkan kesadaran masyarakat sehingga dibutuhkan juga kesiapan infrastruktur hukum berupa regulasi untuk membantu perkembangan Hak Cipta di Indonesia sebagai payung hukum dari kegiatan masyarakat, serta bagaimana penagakannya. Penulisan ini bertujuan untuk mengetahui bagaimana peran kekayaan intelektual khususnya Hak Cipta dalam pembangunan demi menunjang kesejahteraan masyarakat. Seperti hasil kreatifitas masyarakat dibidang Hak Cipta yang dapat memiliki nilai ekonomis memiliki jaminan dan kepastian hukum dari pemerintah berdasarkan Undang-Undang Nomor 28 Tahun 2014 tentang Hak Cipta.Kata Kunci: Hak Cipta, Pembangunan, Jaminan, Kepastian, Kesejahteraan. AbstractIndonesia as one of the countries that regulates the provisions of Intellectual Property Rights specifically Copyright is regulated in Law Number 28 of 2014 concerning Copyright. Along with the rapid development of community creativity in the scope of Copyright which has economic value and can affect economic growth in society, then how can Intellectual Property Law, especially in the field of Copyright, increase public awareness so that legal infrastructure readiness is also needed in the form of regulations to assist the development of Copyright in Unikom Center Indonesia as the legal umbrella for community activities, as well as how to enforce them. This writing aims to see how the role of intellectual property, especially copyright in development for the welfare of society. Such as the result of community creativity in the field of Copyright which can have economic value has legal guarantees and certainty from the government based on Law Number 28 of 2014 concerning Copyright.Keywords: Copyright, Development, Guarantee, Certainty, Prosperity.

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