scholarly journals Analyzing the impact of trade and investment agreements on pharmaceutical policy: provisions, pathways and potential impacts

2019 ◽  
Vol 15 (S1) ◽  
Author(s):  
Deborah Gleeson ◽  
Joel Lexchin ◽  
Ronald Labonté ◽  
Belinda Townsend ◽  
Marc-André Gagnon ◽  
...  
Keyword(s):  
Human Rights ◽  
Intellectual Property ◽  
Intellectual Property Rights ◽  
Trade Agreements ◽  
Analytical Framework ◽  
Pharmaceutical Policy ◽  
Health And Human Rights ◽  
Policy Objectives ◽  
Investment Agreements ◽  
Trade And Investment

Abstract Background Trade and investment agreements negotiated after the World Trade Organization’s Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) have included increasingly elevated protection of intellectual property rights along with an expanding array of rules impacting many aspects of pharmaceutical policy. Despite the large body of literature on intellectual property and access to affordable medicines, the ways in which other provisions in trade agreements can affect pharmaceutical policy and, in turn, access to medicines have been little studied. There is a need for an analytical framework covering the full range of provisions, pathways, and potential impacts, on which to base future health and human rights impact assessment and research. A framework exploring the ways in which trade and investment agreements may affect pharmaceutical policy was developed, based on an analysis of four recently negotiated regional trade agreements. First a set of core pharmaceutical policy objectives based on international consensus was identified. A systematic comparative analysis of the publicly available legal texts of the four agreements was undertaken, and the potential impacts of the provisions in these agreements on the core pharmaceutical policy objectives were traced through an analysis of possible pathways. Results An analytical framework is presented, linking ten types of provisions in the four trade agreements to potential impacts on four core pharmaceutical policy objectives (access and affordability; safety, efficacy, and quality; rational use of medicines; and local production capacity and health security) via various pathways. Conclusions The analytical framework highlights provisions in trade and investment agreements that need to be examined, pathways that should be explored, and potential impacts that should be taken into consideration with respect to pharmaceutical policy. This may serve as a useful checklist or template for health and human rights impact assessments and research on the implications of trade agreements for pharmaceuticals.

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.

Intellectual Property and Mega-Regional Trade Agreements

2017 ◽  
Author(s):  
Thomas Cottier
Keyword(s):  
Intellectual Property ◽  
Dispute Settlement ◽  
Trade Agreements ◽  
Cooperation Agreement ◽  
Transatlantic Trade ◽  
Wto Dispute Settlement ◽  
Innovation And Technology ◽  
Recent Developments ◽  
Partnership Agreement ◽  
Trade And Investment

The chapter assesses recent developments in intellectual property protection in the EU–Canadian Comprehensive Economic Cooperation Agreement and the Trans-Pacific Partnership Agreement, and extrapolates results of these negotiations to the pending EU–US negotiations on the Transatlantic Trade and Investment Partnership (TTIP). It discusses the likely implications of ever-increasing protection of IPRs on international trade, innovation, and technology transfer. Given the complex interaction of TRIPs and WIPO Agreements with the newly emerging agreements, the chapter finally examines the structure and operation of dispute settlement and how existing fragmentation could be overcome. Intellectual property, it is submitted, offers an important case to extend the jurisdiction of WTO dispute settlement to preferential trade agreements.

Beyond Unbridled Optimism and Fear: Indigenous Peoples, Intellectual Property, Human Rights and the Globalisation of Traditional Knowledge and Expressions of Folklore: Part I

2013 ◽  
Vol 15 (3) ◽  
pp. 319-339 ◽  
Author(s):  
Caroline Joan S. Picart ◽  
Caroline Joan S. Picart ◽  
Marlowe Fox
Keyword(s):  
Human Rights ◽  
Intellectual Property ◽  
Property Rights ◽  
Traditional Knowledge ◽  
Intellectual Property Rights ◽  
Indigenous Peoples ◽  
Property Law ◽  
Cultural Expression ◽  
Intellectual Property Law ◽  
Traditional Cultural Expressions

Abstract This article is the first part of a two-part piece, which considers the intellectual property rights of indigenous peoples. After establishing pragmatic working definitions of who “indigenous peoples” are and what folklore (or “traditional cultural expression”) is, as compared with, but dialectically related to, “traditional knowledge,” this article does the following: 1) explains why western assumptions built into intellectual property law make this area of law a problematic tool for protecting traditional knowledge (TK) and expressions of folklore (EoF) or traditional cultural expressions (TCE) of indigenous peoples; and 2) creates a general sketch of human rights related legal instruments that could be and have been harnessed, with varying degrees of success, in the protection of the intellectual property of indigenous peoples.

Trade and Investment Accords for Sustainable Development Goals 12–17

2021 ◽  
pp. 293-310
Author(s):  
Marie-Claire Cordonier Segger
Keyword(s):  
Climate Change ◽  
Sustainable Development ◽  
Human Rights ◽  
Sustainable Use ◽  
Terrestrial Ecosystems ◽  
Effective Governance ◽  
Responsible Consumption ◽  
Development Goals ◽  
Investment Agreements ◽  
Trade And Investment

Chapter 21 focuses on how trade and investment agreements may contribute to international efforts to achieve SDGs 12 to 17, which address responsible consumption and production patterns (SDG 12), combatting climate change (SDG 13), conservation and sustainable use of marine resources (SDG 14), and sustainable use of terrestrial ecosystems (SDG 15). SDG 16, which calls for peace, justice and strong institutions for sustainable development, is also canvassed in its links to securing stability, effective governance and human rights. Finally, SDG 17, which calls on all countries to build partnerships towards achieving sustainable development, is discussed as the foundation of all the SDGs in the concluding note to this chapter, particularly given its explicit provisions on economic cooperation, trade, investment and finance.

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.

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