Relevant bibliographies by topics / TRIPS-Plus rule

Academic literature on the topic 'TRIPS-Plus rule'

Author: Grafiati
Published: 10 December 2022
Last updated: 29 January 2023

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Journal articles on the topic "TRIPS-Plus rule"

1

Malpani, Rohit. "All Costs, No Benefits: How the US-Jordan Free Trade Agreement Affects Access to Medicines." Journal of Generic Medicines: The Business Journal for the Generic Medicines Sector 6, no. 3 (May 2009): 206–17. http://dx.doi.org/10.1057/jgm.2009.13.

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The US-Jordan free trade agreement and Jordan's terms of World Trade Organization accession introduced Trade-Related Aspects of Intellectual Property Rights (TRIPS)-plus rules to the country's intellectual property (IP) law. This paper examines the benefits and consequences of TRIPS-plus rules and reports numerous negative consequences. In particular, data exclusivity, a TRIPS-plus rule, delayed generic competition for 79 per cent of medicines launched by multinational pharmaceutical companies between 2002 and mid-2006, which otherwise would have been available in an inexpensive, generic form. The public health system and individuals, owing to a lack of generic competition, had to pay higher prices for new medicines. There have been no benefits from introducing strict IP rules in Jordan. There has been nearly no foreign direct investment by drug companies into Jordan between 2002 and mid-2006 to develop medicines with local companies. TRIPS-plus rules have not encouraged Jordanian generic companies to engage in research and development for medicines. Finally, new product launches in Jordan are only a fraction of total product launches in the United States and the European Union and are unaffordable for ordinary people. TRIPS-plus rules contributed to a 20 per cent increase in medicine prices between 2002 and 2006. Higher medicine prices will strain Jordan's public health system and require significant out-of-pocket expenditure that will harm the poorest.
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2

Boru, Zeleke T. "The test data provision of USMCA: A potential to promote or negate the timely access to genetically engineered biologics?" Journal of Generic Medicines: The Business Journal for the Generic Medicines Sector 16, no. 1 (November 25, 2019): 5–18. http://dx.doi.org/10.1177/1741134319886627.

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With the adoption of the World Trade Organization’s (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (henceforth, TRIPS), the WTO members agreed to provide a minimum level of Intellectual Property (IP) protections to a broad range of subjects, including “undisclosed test or other data.” However, following the entry into force of TRIPS, some WTO members (particularly, developed countries) have concluded Free Trade Agreements (FTAs) that consist of TRIPS-plus provisions, which go beyond the minimum standard established under TRIPS. One of the agreements that represent such a trajectory is the newly renegotiated agreement between the U.S, Mexico and Canada. The agreement has been negotiated, among other issues, to replace the North American Free Trade Agreement (NAFTA). This trilateral agreement also changed the name NAFTA to the United States-Mexico-Canada (USMCA) Agreement or NAFTA 2.0. The new agreement contains rules that govern undisclosed test or other data (hereafter, test data), which biopharmaceutical companies submit to Health Regulatory Authorities for the purpose of obtaining the right to market biological medicines (hereafter, biologics). Drawing upon the aforementioned background, this article examines if and how USMCA’s test data rule contravenes the obligations of the USMCA Parties to fulfill, protect and respect the right to biologics, as contained under the International Covenant on Economic, Social and Cultural Rights (hereafter, ICESCR) and other international human rights instruments that cover the right to health. The first section provides an overview of USMCA, the second section addresses the nature of legal protection given to test data under the TRIPS Agreement, the third section is devoted to examining the nature of obligation as contained under USMCA’s rule on test data, the fourth discusses the legal basis of the right to biologics, while the fifth section assesses if and how the rule on test data impedes the USMCA Parties from realizing the right to biologics. The last section provides a conclusion.
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3

Boru, Zeleke Temesgen. "The Trans-Pacific Partnership’s patent linkage: Unfriending or befriending the right to biologics?" Journal of Generic Medicines: The Business Journal for the Generic Medicines Sector 15, no. 2 (April 16, 2019): 61–68. http://dx.doi.org/10.1177/1741134319839447.

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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.
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4

Li, Zhaoxian, and Xiaohong Mu. "An Analysis of the Path of Intellectual Property Protection of Integrated Circuits in China from the Perspective of Sino-US Trade War in the Post-epidemic Era." Law and Economy 1, no. 3 (October 2022): 67–73. http://dx.doi.org/10.56397/le.2022.10.07.

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In the post-epidemic era, the evolution of the international landscape is accelerating, with unilateralism and trade protectionism gradually gaining the upper hand. The intensified competition between China and the United States makes the intellectual property disputes related to the trade war between China and the United States become more and more intense. As the core subject of intellectual property disputes, integrated circuit is also a direct embodiment of the hard power of science and technology of each country, and its protection path has high research value attribute. This paper aims to sino-us trade friction under the perspective of China’s integrated circuit of intellectual property rights (IPR) protection path to explore, through fact analysis combined with the technique of comparative analysis, comparing with the integrated circuit industry and protection path, respectively from different aspects such as the theory and practice, macro and micro analysis, the use of big data for them, the rule of law suggestions and thoughts on the intellectual property protection path of integrated circuits under TRIPS-PLUS standard in the post-epidemic period were put forward.
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5

Kuanpoth, Jakkrit. "TRIPS-Plus Intellectual Property Rules: Impact on Thailand's Public Health." Journal of World Intellectual Property 9, no. 5 (September 2006): 573–91. http://dx.doi.org/10.1111/j.1422-2213.2006.00303.x.

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6

COHEN-KOHLER, JILLIAN CLARE, LISA FORMAN, and NATHANIEL LIPKUS. "Addressing legal and political barriers to global pharmaceutical access: Options for remedying the impact of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the imposition of TRIPS-plus standards." Health Economics, Policy and Law 3, no. 3 (July 2008): 229–56. http://dx.doi.org/10.1017/s1744133108004477.

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AbstractDespite myriad programs aimed at increasing access to essential medicines in the developing world, the global drug gap persists. This paper focuses on the major legal and political constraints preventing implementation of coordinated global policy solutions – particularly, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and bilateral and regional free trade agreements. We argue that several policy and research routes should be taken to mitigate the restrictive impact of TRIPS and TRIPS-plus rules, including greater use of TRIPS flexibilities, advancement of human rights, and an ethical framework for essential medicines distribution, and a broader campaign that debates the legitimacy of TRIPS and TRIPS-plus standards themselves.
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7

Jae Ho Sung and 박원석. "A study on Border Measures and Norms Conflict under the TRIPS-Plus Enforcement Rules." SungKyunKwan Law Review 24, no. 2 (June 2012): 647–71. http://dx.doi.org/10.17008/skklr.2012.24.2.025.

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8

Petersmann, Ernst-Ulrich. "Hanns Ullrich, Reto M. Hilty, Matthias Lamping and Josef Drexl (eds): TRIPS plus 20 – From Trade Rules to Market Principles." IIC - International Review of Intellectual Property and Competition Law 48, no. 2 (March 2017): 245–49. http://dx.doi.org/10.1007/s40319-017-0555-4.

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9

Menezes, Henrique Zeferino de. "South-South Collaboration for an Intellectual Property Rights Flexibilities Agenda." Contexto Internacional 40, no. 1 (April 2018): 117–38. http://dx.doi.org/10.1590/s0102-8529.2017400100006.

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Abstract This article analyses South-South initiatives for building an intellectual property (IP) flexibilities agenda, highlighting the particularities in this specific area of international relations as well as the difficulties encountered in building a common position. I start by outlining the changes and transformational dynamics in the international regime for the protection of IP, and examining how these changes, notably the proliferation of TRIPS-plus rules through preferential agreements, affect developing countries. Next, I examine the development of South-South collaboration as a strategic option for maintaining the policy space developing countries need to develop legal frameworks attuned to their specific needs and interests, and for building norms that strengthen IP flexibilities. I conclude that a strong and more purposeful response by countries like Brazil, India and China has been difficult to achieve for several reasons: i) the diversity of forms of protection included in the international negotiations; ii) the multiplicity of areas and public policies affected by IP regulations; and iii) domestic economic changes in developing countries.
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10

Jaeger, Thomas. "Juxtaposed to ACTA or more of the Same? A Look at IP Enforcement under the EU’s Economic Partnership Agreements." European Foreign Affairs Review 17, Issue 3 (August 1, 2012): 411–50. http://dx.doi.org/10.54648/eerr2012032.

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Global intellectual property (IP) enforcement is a hot issue. The EU and the US, in particular, are committed to taking the level of protection beyond the minimum established by the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) in 1994.This is evidenced, for example, by the EU's Global IP Enforcement Strategy of 2004, by the Anti-Counterfeiting Trade Agreement (ACTA) finalized in 2010 and by a number of bi- and plurilateral free trade agreements (FTAs) concluded in recent years. Some criticism has been voiced in civil society as well as in academic writing against this TRIPS-plus drive, particularly in relation to ACTA. In the context of EU-ACP trade relations, the EU has now drawn up a special kind of FTA, the so-called Economic Partnership Agreements (EPAs). Designed for developing countries, EPAs include a range of non-mercantilist goals. In accordance with this, EPAs were announced as the dawn of a new era in trade relations with developing countries. This article takes the controversial field of IP enforcement as an example for scrutinizing that new approach. As will be shown, a comparison of their rules on IP enforcement to standard IP enforcement provisions of a purely economic character, prominently the EU's domestic legislation, ACTA and general FTAs, sadly hints that any enthusiasm over EPAs in terms of development-friendliness may be premature. IP enforcement under EPAs lacks conceptual coherence and credibility in the implementation of development-related goals. This analysis is pinned against the background of a discussion of the overall role and effects of enforcement provisions in international trade agreements at the beginning and in the conclusion of this article.
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Books on the topic "TRIPS-Plus rule"

1

TRIPS Plus 20: From Trade Rules to Market Principles. Springer Berlin / Heidelberg, 2016.

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2

Ullrich, Hanns, Josef Drexl, Reto M. Hilty, and Matthias Lamping. TRIPS plus 20: From Trade Rules to Market Principles. Springer, 2018.

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3

Ullrich, Hanns, Josef Drexl, Reto M. Hilty, and Matthias Lamping. TRIPS Plus 20: From Trade Rules to Market Principles. Springer London, Limited, 2016.

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4

Grosse Ruse-Khan, Henning. The Perspective of World Trade Law on IP Rights. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780199663392.003.0010.

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This chapter takes the perspective of international trade law, as embodied in the General Agreement on Tariffs and Trade (GATT), and examines how the rules on trade in goods address intellectual property (IP) protection and enforcement measures. It first looks at IP protection and enforcement as a potential barrier to and facilitator of global trade. Next, early GATT cases are discussed as examples for how national IP rights fared under multilateral trade rules in a pre-Trade Related Aspects of International Property Rights (TRIPS) era. The chapter then scrutinizes whether the same holds true in a post-TRIPS environment that is commonly characterized by TRIPS-plus protection and enforcement measures. Hereafter, certain provisions from the GATT are discussed as the central conflict norm in the trade–IP relationship. Finally, the chapter returns to the role of TRIPS in assessing IP protection and enforcement measures as potential breaches of GATT.
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Book chapters on the topic "TRIPS-Plus rule"

1

El Said, Mohammed. "The Impact of ‘TRIPS-Plus’ Rules on the Use of TRIPS Flexibilities: Dealing with the Implementation Challenges." In Access to Medicines and Vaccines, 297–327. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-83114-1_11.

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AbstractImproving the health and well-being of society is a priority to many governments. One essential element within this debate focuses on the accessibility and affordability of medicines for patients. Although interest in this area has persisted for decades, the recent shift in this field is manifested by this now being treated as a global concern, rather than as a regional or a national one. Patients in both developed and developing countries alike are facing the same challenges and are under an increased pressure to access and afford treatment. The recently published UN High Level Panel for Access to Medicines Report explicitly stated its view of ‘access to medicines, vaccines, diagnostics and related health technologies as a serious, multidimensional global problem, with challenges that affect all people and all countries.…the High-Level Panel recognizes that the costs of health technologies are rising globally and are being felt by individuals and by public and private insurance schemes in both wealthy and resource-constrained countries alike’ (UN Secretary General High Level Panel, ‘The United Nations Secretary-General High-Level Panel on Access to Medicines Report: Promoting Innovation and Access to Health Technologies’, (September 2016), 12. https://apps.who.int/medicinedocs/documents/s23068en/s23068en.pdf.). This thinking represents a fundamental departure from the previous approach which classified the problem related to access to medicines as one mainly attributed to developing and least developed nations. It is within this debate that the role of intellectual property protection in general and by way of the rise of TRIPS-Plus agreements and their impact on accessibility and affordability of medicines takes centre stage.
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