scholarly journals The TRIPS Article 31 Tug of War Developing Country Compulsory Licensing of Pharmaceutical Patents and Developed Country Retaliation

2018 ◽  
Author(s):  
Lucas Volman

My dissertation examines compulsory licensing under Article 31 of the TRIPS Agreement by looking at the use of such licensing by developing countries, as well as retaliatory and restrictive measures imposed by developed countries. In doing so, it looks at the right to health, and price and intellectual property considerations for access to medicines in developing countries. It further explores the TRIPS compulsory licensing rules themselves to present compulsory licensing as a legitimate, and at times necessary, policy measure under international law. Then, it examines how compulsory licensing has been used and restricted since TRIPS, and how the compulsory licence relates to voluntary licensing and international free trade agreements, both of which are factors for the development of compulsory licensing strategies in developing countries.

Assimilation of relevant information within a labour observatory is a key to success of an observatory. Management of such relevant information and its dissemination to the right audience at the right time is also important. In this regard, a labour observatory plays a very important role for successful operationalization of agricultural policies within developing countries. Historical information regarding soil, crop varieties, agricultural practices, and skill of agricultural labourers needs to be maintained by a labour observatory. Information from the observatory has to be communicated to policy makers for making a pragmatic decision in developing countries with large agriculturally dependent populations. These decisions can impact the lives of this population and can impact the sustainable development of these countries. Initiatives related to labour observatory started more than a decade back in developed countries. It has now begun in parts of Africa, too. The chapter highlights these developments and contextualizes the association between these observatories, agricultural policymaking, and sustainable development.


2020 ◽  
Vol 9 (8) ◽  
pp. 139 ◽  
Author(s):  
Jose Jaime Baena-Rojas ◽  
Susana Herrero-Olarte

Since the signing of the General Agreement on Tariffs and Trade (GATT) and the creation of the World Trade Organization (WTO), preferential trade agreements (PTAs) have been an interesting tool to promote international cooperation through the granting of non-reciprocal and/or unilateral tariff preferences by developed countries to developing countries. These international agreements have tended to generate critical trade dependencies for the receiving countries. Due to the circumstances of world trade and due to the lack of interest of the grantors to maintain this type of tariff preference, these developing countries are forced to renegotiate their PTAs into to free trade agreements (FTAs). To demonstrate this, we conducted a qualitative analysis to characterize the behavior of PTAs and their impact on the configuration of FTAs and to obtain indicators and trends. The results suggested a predominance of FTAs and a decline in PTAs. This was done to maintain access to the markets within those granting countries, which also became the main trading partners of these PTA recipient countries.


2017 ◽  
Vol 6 (2) ◽  
pp. 288-314
Author(s):  
Li Zong ◽  
Yixi Lu

AbstractTraditional approach to the issue of “brain drain” and “brain gain” focuses on outflow and inflow of migration of academics and professionals between countries of origins and destinations. It is suggested that, in the international labor market, the developing countries have experienced the problem of brain drain while the developed countries have benefited from brain gain in the process of globalization and international mobility of talent. From this perspective, “brain drain” or “brain gain” is primarily measured by the number of talented people who have “moved in” or “moved out” of a country, but not the extent to which the “brain” has been utilized. This study redefines the notion of “brain drain” by focusing on the actual utilization of professional talents. Previous research findings show that despite attractive Canadian immigration policy and the increasing number of professional immigrants, Canada as a developed country has the problem of “brain waste” due to its systemic barriers such as the devaluation of foreign credentials and non-recognition of foreign work experience for professional Chinese immigrants. At the same time, China as a developing country has benefited from contributions made by highly educated professionals/students returning to their home country through its attractive and rewarding opportunities for those who have attained knowledge and skills from overseas. China has become a model of “brain gain” for developing countries by implementing a series of open and favorable policies to attract top-notch overseas Chinese and foreign talents to help promote the economic development and global competitiveness of the nation.


1993 ◽  
Vol 20 (3) ◽  
pp. 232-242 ◽  
Author(s):  
Sam H. Ham ◽  
David S. Sutherland ◽  
Richard A. Meganck

Interpretation is most effective when its form and content are adapted to the situations in which it will be presented. Although many developed countries have a long and rich tradition of interpretation, the physical, financial, and socio-economic, differences among and within developing nations suggest that this tradition will not always apply there. As our colleagues in developing countries look for interchange and suggestions, the temptation to impose our model—and the difficulty for them to accept it—will be great.Interpreters in developing countries need to pursue a different model—one which gives relative emphasis to interpretation's role in strategic environmental education for target audiences. Though not altogether excluding the visitor service function that is frequently emphasized in US protected areas, interpretive programmes in many developing countries are often included as just one component of country-wide environmental education master-plans aimed at establishing sustainable development as a national ideology.Host countries sometimes accept the conventional model too readily, often because the only available training materials are translated from these sources. When application falls short of expectations, in-country interpreters usually blame themselves or conclude that interpretation ‘just isn't for us—rather than questioning the model they have been handed. Universities must also share some of the responsibility for this sorry state of affairs. International students studying at US or European institutions sometimes return home better prepared to work as interpreters in those countries’ protected areas than in those in their own countries. Trainers and teachers, whether working at home or elsewhere, need to do a better job of listening to their students. They need to learn what it is like to be an interpreter in that student's country, and they need to learn what it is like to be part of the audience. Would we accept anything less of our own mentors and interpretive trainers?Clearly, a superior strategy to exporting our model of interpretation is to assist developing countries in arriving at their own. Over many decades, interpreters in the US and other developed countries have developed a profound knowledge about their craft. Although much of it will not apply everywhere, some of our ideas may have widespread application. The key will be to determine which ones these are. Working with our developed country colleagues, learning with them and through them, we can explore together a range of possibilities that neither of us is able to envision alone. Filtered through our cultures and individual realities, the ideas which have merit will be identified and put to test. Others will be rejected. In the very best scenario, both parties will learn, and sustainable environmental quality will be the result.


Author(s):  
Kelsey Lantz ◽  
Sakib Khan ◽  
Linh B. Ngo ◽  
Mashrur Chowdhury ◽  
Sarah Donaher ◽  
...  

Big data, collected in the form of social media posts and mobile phone location tracking, have great potential to inform and manage the planning and operation of transit networks in developing countries. Data are widely available, but the challenge, as with developed countries, is figuring out how best to use it. A case study method was used to consider approaches in Nairobi, Kenya; Istanbul, Turkey; and Dhaka, Bangladesh. In Nairobi, GPS location data were collected to generate the first map of the complex Matatu transit network. In Istanbul, automated fare collection systems were processed to understand better the usage of a bus rapid transit system. In Dhaka, researchers were collecting GPS positioning data to manage the city bus networks. Residents of these developing cities were frequent users of online media, as in many cities in the developing countries. This study revealed that integration of online media with location-based data provided a big data scenario that had the potential for supporting transit operations while posing challenges to the management of data mobility. It is not realistic to apply a one-size-fits-all approach to any problem in the developing world, but together the case studies show that with the right approach, technical capacity in transitional cities has the potential to grow to support higher-level data processing and make more efficient and more sustainable policy decisions for crucial urban transit networks in developing countries.


2015 ◽  
Vol 26 (3) ◽  
pp. 490
Author(s):  
Sukanda Husin

The Climate Change Convention and the Kyoto Protocol are designated to restrict and reduce the emissions of GHG through three mechanisms, i.e., carbon sinks, bubbling schemes and flexibility mechanisms. All mechanisms are designed for developed countries Parties. The developing countries Parties do not have such obligations. However, the developing countries are given chance to participate in achieving the Protocol’s objectives through REDD+, especially to reduce emissions of carbon dioxide in forestry sector. Indonesia has enacted several regulations for implementing REDD+ Program. To this date, Indonesia has had carbon project mechanisms and succeeded to realize 40 projects in the period of 2008-2012.Keywords: climate change, mitigation, REDD+. Konvensi Perubahan Iklim dan Protokol Kyoto dirancang untuk membatasi dan mengurangi emisi GRK melalui 3 (tiga) mekanisme, yaitu carbon sinks, bubbling schemesdan flexibility  mechanisms. Semua mekanisme tersebut ditujukan untuk Pihak negara maju. Negara berkembang tidak dibebani kewajiban seperti itu. Tapi negara berkembang diberi kesempatan untuk berpartisipasi mencapai tujuan Protokol melalui REDD+, yang secara khusus dibuat untuk mengurangi emisi karbon dioksida di sektor kehutanan. Indonesia telah membuat beberapa peraturan untuk menerapkan Program REDD+. Sampai saat ini, Indonesia telah membuat mekanisme proyek karbon dan berhasil mendapatkan 40 proyek dalam kurun waktu 2008-2012.


Author(s):  
Shirley V. Scott ◽  
Orli Zahava

The most fundamental characteristic of a developing state is that its income, usually calculated as gross national product (GNP) per capita, is relatively low in comparison with that of an industrial country. A second characteristic shared by most developing countries is that they are former colonies. In recognition of the diversity amongst developing countries, they are sometimes divided into subgroups. The term “Least Developed Country” is used to refer to some 50 of the most vulnerable states, whose economies are vastly smaller than those of China, India, Brazil, or Mexico. The BRICS (Brazil, Russia, India, China, and South Africa) is a group of states with emerging economies whose share of world trade, investment, and foreign currency reserve is projected to continue to grow. AOSIS, the Alliance of Small Island States, is a 44-member coalition that functions as a negotiating voice for small island developing states (SIDS) within the United Nations system. The engagement of developing countries with international law typically comes in four aspects: the colonial past and contemporary continuities in international legal approaches and categories, attempts by newly independent Third World states to transform international law through the introduction of specific new legal principles, the effect of the increasing gap between the emerging economies of certain developing countries and the most vulnerable developing states, and whether structural impediments remain to the equitable participation of developing countries in international law.


Author(s):  
Sandeep K. Rathod

Over the last few years, multiple media reports have commented on compulsory licensing of pharmaceutical patents in India. A majority of these reports painted a doomsday scenario and were devoid of facts. The grant of India’s sole compulsory licence in March 2012 (to Natco for Bayer’s patented drug – Sorafenib) spawned a series of media reports theorising that the grant of this compulsory license was ‘… a major blow to global pharmaceutical firms’ and speculating a beginning of compulsory licensing era for pharmaceuticals patents. However, this simply has happened and India till date has rejected all subsequent compulsory licence applications filed after the Natco/Sorafenib compulsory license application. The purpose of the present article is to collate the present information around the various compulsory licences in India and provide some historical background at a time when even developed countries are beginning to issue compulsory licences for pharmaceutical products.


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