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Author: Grafiati

Published: 10 December 2022

Last updated: 28 January 2023

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1

A handbook on the WTO TRIPS agreement. Cambridge: Cambridge University Press, 2012.

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2

Korea (South). Tʻŭkhŏchʻŏng. Kukche Hyŏmnyŏk Tamdanggwansil. WTO TRIPS hyŏpchŏng chomunbyŏl haesŏl. [Seoul]: Tʻŭkhŏchʻŏng, 2004.

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3

Masiiwa, Medicine. WTO Agreement on Trade Related Intellectual Property Rights (TRIPS): A users guide. Harare: Friedrich-Ebert-Stiftung, 2002.

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4

Hermes, Christoph Julius. TRIPS im Gemeinschaftsrecht: Zu den innergemeinschaftlichen Wirkungen von WTO-Übereinkünften. Berlin: Duncker & Humblot, 2002.

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5

Intellectual property rights, the WTO, and developing countries: The TRIPS agreement and policy options. London: Zed Books, 2000.

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6

Unfinished business in the WTO Agreement of Trade-Related Aspects of Intellectual Property Rights (TRIPS). Harare: Trade and Development Studies, 2006.

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7

Margono, Suyud. Hukum hak cipta Indonesia: Teori dan analisis harmonisasi ketentuan World Trade Organization/WTO-TRIPs Agreement. Ciawi, Bogor: Ghalia Indonesia, 2010.

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Margono, Suyud. Hukum hak cipta Indonesia: Teori dan analisis harmonisasi ketentuan World Trade Organization/WTO-TRIPs Agreement. Ciawi, Bogor: Ghalia Indonesia, 2010.

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9

Indonesia, ed. Hukum hak cipta Indonesia: Teori dan analisis harmonisasi ketentuan World Trade Organization/WTO-TRIPs Agreement. Ciawi, Bogor: Ghalia Indonesia, 2010.

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10

Stremmel, Dennis. Protektionsmöglichkeiten in der WTO?: Geistige Eigentumsrechte im TRIPs-Abkommen und die Forderung nach Sozial- und Umweltstandards. Frankfurt, M: P. Lang, 2007.

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11

Gorlin, Jacques J. An analysis of the pharmaceutical-related provisions of the WTO TRIPs (Intellectual Property) Agreement. [London?]: Intellectual Property Institute, 1999.

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12

Chouchena-Rojas, Martha. Disclosure requirements: Ensuring mutual supportiveness between the WTO TRIPS Agreement and the CBD. Edited by IUCN-The World Conservation Union. Gland, Switzerland: IUCN, 2005.

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13

Implementing the World Trade Organisation (WTO) Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPS) in Zimbabwe. Belgravia, Harare: Trade and Development Studies Centre, 2005.

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14

Economic and Social Research Foundation (Tanzania), ed. The implications of WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) in Tanzania: A focus on pharmaceuticals. Dar es Salaam, Tanzania: Economic and Social Research Foundation, 2003.

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15

Niemann, Ingo. Geistiges Eigentum in konkurrierenden völkerrechtlichen Vertragsordnungen: Das Verhältnis zwischen WIPO und WTO/TRIPS = Intellectual property under concurring treaty regimes : the relation of WIPO and WTO/TRIPS (English summary) = La propriété intellectuelle dans des traités concurrants : la relation entre l'OMPI et l'OMC/ADPIC (résumé). Berlin: Springer, 2008.

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16

Sri Lanka) Regional Consultation on "WHO/TRIPS Agreement and Access to Medicines: Appropriate Policy Response" (2003 Colombo. WTO/TRIPS agreement and access to medicines: appropriate policy responses: Report of the regional consultation held in Colombo, Sri Lanka, 17-19 April, 2003. Colombo, Sri Lanka: Health Action International Asia Pacific, and Third World Network, Penang, Malaysia, 2004.

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17

Gong gong jian kang wei ji yu WTO zhi shi chan quan zhi du de gai ge: Yi TRIPs xie yi wei zhong xin = Public health crisis and the reformation of intellectual property rights regime in the framework of WTO : focus on TRIPs agreement. Wuchang: Wuhan da xue chu ban she, 2005.

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18

Watal, Jayashree, Antony Taubman, and Hannu Wager. Handbook on the Wto Trips Agreement. Cambridge University Press, 2012.

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19

Watal, Jayashree, Antony Taubman, and Hannu Wager. Handbook on the WTO TRIPS Agreement. Cambridge University Press, 2020.

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20

Watal, Jayashree, Antony Taubman, and Hannu Wager. Handbook on the WTO TRIPS Agreement. Cambridge University Press, 2020.

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21

Watal, Jayashree, Antony Taubman, and Hannu Wager. Handbook on the WTO TRIPS Agreement. Cambridge University Press, 2012.

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22

Watal, Jayashree, Antony Taubman, and Hannu Wager. Handbook on the WTO TRIPS Agreement. Cambridge University Press, 2012.

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23

Watal, Jayashree, Antony Taubman, and Hannu Wager. Handbook on the WTO TRIPS Agreement. Cambridge University Press, 2012.

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24

MVIRDC World Trade Centre, Bombay., ed. WTO trips agreement: Implications for Indian biotechnology. Mumbai: MVIRDC World Trade Centre, 1998.

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25

Niemann, Ingo. Geistiges Eigentum in Konkurrierenden Völkerrechtlichen Vertragsordnungen: Das Verhältnis Zwischen WIPO und WTO/TRIPS. Springer London, Limited, 2007.

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26

IUCN. Disclosure Requirements: Ensuring Mutual Supportiveness Between the WTO TRIPS Agreement and the CBD. World Conservation Union, 2006.

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27

Carlos Maria, Correa. Trade Related Aspects of Intellectual Property Rights. Oxford University Press, 2020. http://dx.doi.org/10.1093/law/9780198707219.001.0001.

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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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28

Gervais, Daniel. The WTO Appellate Body and the TRIPS Agreement. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190848194.003.0012.

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This contribution reviews the role of the World Trade Organization’s (WTO) Appellate Body—a part of its dispute-settlement mechanism—in interpreting the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). It discusses, first, the way in which the Appellate Body functions when compared to a common law jurisdiction or a general or specialized domestic court. The contribution then turns to the three disputes concerning the TRIPS Agreement that have reached the Appellate Body since 1995, and the five cases filed against Australia challenging plain packaging measures targeting tobacco products. The primary purpose of the contribution is not to discuss those cases individually in detail but rather to offer a perspective on how the Appellate Body might play a greater role in building the interface between the rules and standards contained in the TRIPS Agreement, and those contained in international law outside the WTO.

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29

Gad, Mohamed. Representational Fairness in Wto Rule Making: Negotiating, Implementing And Disputing the Trips Pharmaceutical-related Provisions. British Institute for International & Compara, 2006.

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30

White, Marlaine. Intellectual Property Regulation under International Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/acrefore/9780190846626.013.221.

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The creation of the Trade-Related Aspects of Intellectual Property Rights Agreement (TRIPs) in the mid-1990s altered the regulation of intellectual property under international law. Prior to the TRIPs Agreement, intellectual property regulation consisted of a patchwork of international treaties and conventions coordinating reciprocal national treatment of signatory states’ domestic intellectual property protection. Generally, those agreements strove for minimum standards of protection, but left levels and types of protection to member states’ national discretion. TRIPs’s strict uniformity represented a momentous change. Development theorists who have examined the practical implications of intellectual property regulation under international law have echoed critical theorists’ assertions of TRIPs as a watershed moment. However, they have expressed concerns over the domination exercised by developed countries over developing countries within the current international intellectual property regulatory system. Of particular importance are international impositions into developing countries’ national legal systems via TRIPs, and efforts of developed countries to extract from developing countries intellectual property concessions over and above those contained in TRIPs. A wide range of articles on intellectual property regulation under international law have also been published in legal journals and periodicals. Three broad themes stand out: concerns about practice and practical applications (i.e., practice tips, reviews of cases and WTO decisions); concerns about policy aspects and consequences of intellectual property law; and exploration of the philosophical underpinnings of the law.

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31

United Nations. Economic and Social Commission for Western Asia., ed. Challenges and opportunities of the new international trade agreements (Uruguay Round) for ESCWA member countries in selected sectors: Implications of WTO/TRIPS for technology transfer in the pharmaceutical industry. New York: United Nations, 1998.

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32

Grosse Ruse-Khan, Henning. The Protection of Intellectual Property in International Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780199663392.001.0001.

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This book examines intellectual property (IP) protection in the broader context of international law. Against the background of the debate about norm relations within and between different rule systems in international law, it constructs a holistic view of international IP law as an integral part of the international legal system. The first part considers norm relations within the international IP law system. It analyses the relationship of the two main unilateral IP conventions to the World Trade Organisation (WTO) Agreement on Trade Related Aspects of International Property Rights (TRIPS), as well as the relationship between TRIPS and subsequent Free Trade Agreements (FTAs). The second part discusses alternative rule systems for the protection of IP. The third part identifies important intersections and links between the traditional system of IP protection and other areas of international law related to environmental, social, and economic concerns. These include free trade in goods; biological diversity, genetic resources, and traditional knowledge; multilateral environmental agreements (MEAs) on climate change; and access to medicines and food. This analysis provides significant insights into the nature and quality of international law as a legal system. The fourth part identifies appropriate norms within the international IP system that can respond to these complexities and linkages.

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33

Grosse Ruse-Khan, Henning. Investment and Human Rights Perspectives. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780199663392.003.0009.

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This chapter provides a selective reading of the Trade Related Aspects of International Property Rights (TRIPS) Agreement, which amounts to an attempted regime capture where human rights lawyers occupy and colonise space within the intellectual property (IP) system, using its tools to achieve their goals. It attempts to connect international investment and human rights law in their approaches to IP protection. By using IP tools, human right lawyers can offer World Trade Organisation (WTO)/IP lawyers with acceptable arguments to integrate and take into account human rights objectives within their own system, relying on their own tools. Given that there has been no meaningful international forum to litigate compliance with creator’s and access rights, it is understandable that those in charge of these rights take them into fora where they hope for better, even if indirect, compliance. Whether the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (ICESCR) can provide a meaningful alternative within the human rights system remains to be seen.

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34

Grosse Ruse-Khan, Henning. General Principles for Integration. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780199663392.003.0013.

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This chapter reviews the broader principles in the international intellectual property (IP) system that fulfil an indirect integration or conflict resolution function, with a focus on those emanating from and applicable to the Trade Related Aspects of International Property Rights (TRIPS) Agreement. In focusing on Articles 7 and 8 of TRIPS, the chapter builds on prior analysis about the role of these provisions in establishing an agreed, common object and purpose of the principal global IP treaty with relevance beyond TRIPS. In light of the origins and negotiation history of Articles 7 and 8 TRIPS, the chapter shows how these provisions can be applied to integrate ‘external’ objectives and interests via interpretation and implementation. Next, this chapter reviews their very poor record of application in the first twenty years of World Trade Organisation (WTO) dispute settlement. It concludes with suggestions for an appropriate recognition of external norms, objectives, and interests via Articles 7 and 8.

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35

Grosse Ruse-Khan, Henning. Norm Relations Amongst Multilateral Treaties. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780199663392.003.0004.

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This chapter explores the revisions of and special agreements to the Berne and Paris Conventions. Amongst the multilateral agreements in the international intellectual property (IP) system, these Conventions stand out as those with a long history of more than a hundred years of existence. However, international IP law has since developed outside of the two ‘classic’ conventions. Increasingly, these developments have taken place in different forums, such as trade negotiations, and in new institutions, such as the World Trade Organisation (WTO). This raises the question on how these new instruments relate to the classic treaties. As such, the chapter also analyses the WTO Agreement on Trade Related Aspects of International Property Rights (TRIPS) and its relations with the main pre-existing IP treaties.

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36

Rose, Cramer Sacha. Vaccine Nationalism in the age of COVID-19. Technische Universität Dresden, 2021. http://dx.doi.org/10.25368/2022.413.

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It is no secret that the world has a COVID-19 vaccine problem. The majority of vaccination doses have been administered in Europe and North America, whilst many poorer counties have vaccinated less than 1% of their entire population. In light of the new variants presenting health risks, countries such as South Africa and India have proposed that the World Trade Organisation temporarily waive intellectual property rights for COVID-19 vaccines to help increase the production of vaccines. The world’s economic powerhouses such as U.S., Britain and the European Union vetoed the idea, submitting that intellectual property rights are important for ensuring continued innovation. They are of the opinion that waiving such rights would not result in increased production. The question therefore stands if these are only two options: either patents remain unchanged, or patents are disregarded. An alternative, and perhaps a middle ground is that of compulsory licensing. Although a seemingly good option, it presents its own problems. For instance, patents are territorial and grant the patent holder a monopoly for a limited time of 20 years. However, based on public needs – including health emergencies, a government can allow others to make the product, usually with a fair royalty, or fee, paid to the patent owner. However, this ends at the border. Article 31 of the WTO’s Agreement on Trade-Related Aspects of Intellectual Property Law, or TRIPS, limit compulsory licenses primarily to domestic production and use. This is also limited to companies within the territory, producing products primarily for export. This of course would make the whole point of such compulsory licenses redundant, since the countries producing such vaccines are not the countries that do not have access to them. The other problem with the COVID-19 vaccine is that the technologies used in producing such vaccines are complex and involve numerous patents, trade secrets and know-how. A compulsory licensing system would need to address not just patents but also the related intellectual property in question. To successfully expand vaccine production, countries need a moderately smooth structure to allow a country such as India, to grant a single, blanket license allowing companies to produce vaccines develop by the U.S. or European companies for export to all countries that lack their own manufacturing capacity. The proposed WTO waiver of intellectual property rights seeks to address the need of improved vaccine production, but it may be little too far stressed. Compulsory licensing would smooth the way for the expansion of vaccine manufacturing whilst at the same time still compensating the right holders.

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