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).

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.

The Trans-Pacific Partnership’s patent linkage: Unfriending or befriending the right to biologics?

2019 ◽  
Vol 15 (2) ◽  
pp. 61-68
Author(s):  
Zeleke Temesgen Boru
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Free Trade ◽  
Intellectual Property Rights ◽  
World Trade ◽  
Free Trade Agreements ◽  
Trade Agreements ◽  
The World ◽  
The Right ◽  
Patent Linkage

The World Trade Organization brought Intellectual Property Rights into the multilateral trading system. The adoption of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which formed part of the Agreement Establishing the World Trade Organization, established a minimum level of protection with respect to various forms of Intellectual Property Rights. However, in the aftermath of its adoption, several Free Trade Agreements, which include Intellectual Property Rights provisions of different potency, have come into existence. These Free Trade Agreements have given rise to what is commonly known as TRIPS-plus IP provisions. The provisions may renege on States’ obligation to promote access to biologics, medicines which are derived from proteins through biotechnological process. In this light, one recent Free Trade Agreement is the Trans-Pacific Partnership Agreement, which requires its Parties to implement a number of TRIPS-plus obligations, including data exclusivity and patent linkage. Against the aforementioned backdrop, this article focuses on patent linkage and explores whether the provision allows the Trans-Pacific Partnership Parties to utilize TRIPS flexibilities to promote the right to biologics. In doing so, the article provides potential responses to the question, does patent linkage deter the realization of the right to biologic? With the purpose to do so, while the first section provides a concise introduction into the agreement, the second section discusses the TRIPS standard on patent. While the third part demonstrates the nature of obligations enshrined in the Trans-Pacific Partnership’s rule on patent linkage, the fourth section investigates the obligations’ implication on the right to biologics. The last section provides the conclusion.

Trade Related Aspects of Intellectual Property Rights

2020 ◽  
Author(s):  
Correa Carlos Maria
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Integrated Circuits ◽  
World Trade Organization ◽  
Intellectual Property Rights ◽  
Test Data ◽  
World Trade ◽  
Minimum Standards ◽  
Depth Analysis ◽  
The World

The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is the most comprehensive and influential international treaty on intellectual property rights. It brings intellectual property rules into the framework of the World Trade Organization, obliging all WTO Member States to meet minimum standards of intellectual property protection and enforcement. This has required massive changes in some national laws, particularly in developing countries. This book provides an in-depth analysis of the principles and of the substantive and enforcement provisions of the TRIPS Agreement. It discusses the legal context in which the Agreement was negotiated, the objectives of their proponents and the nature of the obligations it created for the members of the World Trade Organization. In particular, it examines the minimum standards that must be implemented with regard to patents, trademarks, industrial designs, geographical indications, copyright and related rights, integrated circuits, trade-secrets and test data for pharmaceutical and agrochemical products. The book elaborates on the interpretation of provisions contained in said Agreement, in the light of the customary principles for the interpretation of international law. The analysis—which is supported by a review of the relevant GATT and WTO jurisprudence—identifies the policy space left to such members to implement their obligations in accordance with their own legal systems and public policy objectives, including in respect of complex issues such as patentability criteria, compulsory licenses, exceptions and limitations to copyright, border measures, injunctive relief and the protection of test data under the discipline of unfair competition.

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