Journal articles on the topic 'WTO, TRIPS Agreement, Intellectual Property Rights in Afghanistan'
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1
Eberhard Tundang, Ronald. "US–China Trade War An Impetus for New Norms on Technology Transfer." Journal of World Trade 54, Issue 6 (December 1, 2020): 943–60. http://dx.doi.org/10.54648/trad2020040.
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This article argues that the trade dispute between United States (US) and China should be an impetus for new rules and norms regarding technology transfer at the World Trade Organization (WTO). Technology transfer is a desirable outcome under WTO rules, including the Trade-Related Intellectual property Rights Agreement. However, Trade-Related Aspects of Intellectual Property Rights (TRIPs) have failed to effectively promote and facilitate technology transfer. The problem lies in the nature of the intellectual property rights that TRIPs are intended to protect and enforce. Though necessary, by conferring exclusive rights to its holder, intellectual property rights have the unintended consequences of inhibiting competition and technology transfer. Furthermore, it may impede the transfer of technology from developed countries to developing countries where firms often lack the capacity to further innovate the technology it has acquired. This article proposes new norms at the WTO, in particular the TRIPs and SCM Agreement, to improve its efficacy in promoting and facilitating technology transfer.
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Bhattacharya, Radhika. "Are Developing Countries Going Too Far on TRIPS? A Closer Look at the New Laws in India." American Journal of Law & Medicine 34, no. 2-3 (June 2008): 395–421. http://dx.doi.org/10.1177/009885880803400211.
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The goal of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement is to harmonize the intellectual property rights of World Trade Organization (WTO) member countries to a certain minimum standard. As a WTO member, the organization required India to enact legislation that enforces TRIPS by 2005. Part of India's motivation to pass its 2005 Patents Act stemmed from its obligations as a WTO member nation, as well as the government's desire to stimulate greater foreign investment, innovative research and economic growth.India's implementation of the TRIPS Agreement has generated a great deal of controversy. Disagreement exists about whether the Indian Patents Act overzealously protects intellectual property rights and whether the Patents Act goes beyond the spirit of the TRIPS Agreement. Many health officials and non-governmental organizations (NGOs) are seriously concerned about what the Patents Act implies for people suffering from diseases in less developed countries. Nonprofit and some World Health Organization officials argue that the new law prevents India from producing and supplying generic drugs within its borders and to other developing countries.
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Gagliani, Gabriele. "Intellectual Property-Related Local Content Requirements in International Trade Law: An Evolving Concept Amid Persisting Questions." Global Trade and Customs Journal 16, Issue 4 (April 1, 2021): 149–57. http://dx.doi.org/10.54648/gtcj2021016.
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Despite the challenges they pose under international trade law, recent discussions and cases at the World Trade Organization (WTO) demonstrate that local content requirements (LCRs) have enjoyed continued success among both developed and developing countries. This article focuses on a specific type of LCRs, intellectual property-related LCRs (IP-related LCRs). The article argues that the concept and related regulation of LCRs concerning IP rights have undergone a remarkable evolution under international trade law. The notion and regulation of IP-related LCRs, in particular, have changed from the 1883 Paris Convention on the Protection of Industrial Property (Paris Convention) and the 1886 Berne Convention on the Protection of Literary and Artistic Works (Berne Convention) to the General Agreement on Tariffs and Trade of 1947 and, later, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) and other Agreements at the WTO. Indeed, while the Paris Convention and the Berne Convention are still in force, the General Agreement on Tariffs and Trade (GATT) 1947 and the WTO Agreements have reframed the debate and implications of IP-related LCRs. Nevertheless, some questions on what is permissible under international trade law remain open at the WTO. Given LCRs continued success, some clarifications on their consistency with WTO law may be further needed. Local Content Requirements (LCRs), Agreement of Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), General Agreement on Tariffs and Trade of 1994 (GATT 1994), World Trade Organization (WTO), Intellectual Property Rights
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Sulistianingsih, Dewi, and Raden Muhammad Arvy Ilyasa. "THE IMPACT OF TRIPS AGREEMENT ON THE DEVELOPMENT OF INTELLECTUAL PROPERTY LAWS IN INDONESIA." Indonesia Private Law Review 3, no. 2 (December 14, 2022): 85–98. http://dx.doi.org/10.25041/iplr.v3i2.2579.
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The purpose of this study is to analyze the impact of the TRIPs agreement on the development of intellectual property law in Indonesia. In the current era of globalization, the protection of intellectual property rights is related to global-scale trade at the international level. Protection of intellectual property rights becomes an important issue wherein the current era the development of technology, information and communication have developed very rapidly which gave rise to innovations. Therefore, it is necessary to study how the impact regarding the emergence of TRIPs and how the adjustments made by Indonesia so that the WTO/TRIPs Agreement is in accordance with the political dynamics of intellectual property law in Indonesia. This research is a doctrinal legal research based on secondary data. The materials used come from literature studies that focus on the study of intellectual property. Property rights become an important issue in the business world where business actors offering services or a product want to get guaranteed protection of intellectual property rights. One of the developments in intellectual property protection in Indonesia was affected by the Trade-Related Aspects of Intellectual Property Rights Agreement (TRIPs Agreement) which was found in the Uruguay Round agreement in the framework of GATT (General Agreement on Tariffs and Trade). Indonesia also agreed to the Uruguay round of GATT by adjusting intellectual property laws that have been regulated in TRIPs which marked the opening of provisions regarding TRIPs with in Indonesian legal system. Therefore it becomes Indonesia's obligation to harmonize and synergy exiscing the legal instruments and strict law enforcement in the protection of intellectual property in Indonesia.
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Kamiike, Atsuko. "The TRIPS Agreement and the Pharmaceutical Industry in India." Journal of Interdisciplinary Economics 32, no. 1 (December 5, 2019): 95–113. http://dx.doi.org/10.1177/0260107919875573.
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The World Trade Organization’s (WTO’s) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) calls for the harmonization of intellectual property rights (IPRs) regulations across all WTO member countries. The TRIPS Agreement requires all WTO member countries to adopt and enforce minimum standards of intellectual property. It was assumed that the introduction of pharmaceutical product patents would hamper the Indian pharmaceutical industry’s growth. Contrary to expectations, however, the Indian pharmaceutical industry has been growing in the post-TRIPS period. The TRIPS Agreement changed the research and development (R&D) orientation of Indian pharmaceutical companies, which have increased their R&D investments. Since the TRIPS Agreement was signed, the pharmaceutical global value chain (GVC) has been re-structured and has now expanded to emerging countries like India. Indian pharmaceutical firms have thus been participating in the pharmaceutical GVC in the post-TRIPS period. This participation is conducive to technological upgrading and technology transfers. While operating in the GVC, Indian pharmaceutical firms are upgrading by adopting state-of-the-art technologies. This study explores how the TRIPS Agreement is influencing the Indian pharmaceutical industry and discusses the industry’s growth factors in the post-TRIPS period within the GVC framework. JEL: L21, L24, L26, L65
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SAGGI, KAMAL, and JOEL P. TRACHTMAN. "Incomplete Harmonization Contracts in International Economic Law: Report of the Panel, China – Measures Affecting the Protection and Enforcement of Intellectual Property Rights, WT/DS362/R, adopted 20 March 2009." World Trade Review 10, no. 1 (January 2011): 63–86. http://dx.doi.org/10.1017/s1474745610000455.
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AbstractIn China – Measures Affecting the Protection and Enforcement of Intellectual Property Rights, the Panel addressed three main issues: 1.the relationship between China's censorship laws and its obligations to protect copyright under the WTO Agreement on Trade Related Intellectual Property Rights (‘TRIPS’);2.China's obligations under TRIPS to ensure that its customs authorities be empowered to dispose properly of confiscated goods that infringe intellectual property rights;3.whether China's volume and value of goods thresholds for application of criminal procedures and penalties with respect to trademark counterfeiting or copyright piracy comply with TRIPS requirements for application of criminal procedures and penalties.
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Mushita, Andrew T., and Carol B. Thompson. "Patenting Biodiversity? Rejecting WTO/TRIPS in Southern Africa." Global Environmental Politics 2, no. 1 (February 1, 2002): 65–82. http://dx.doi.org/10.1162/152638002317261472.
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The year 2000 was the deadline for developing countries to bring their national laws into compliance with the trade-related intellectual property rights (TRIPS) agreement under the World Trade Organization (WTO). However, the transition to one universal intellectual property law is not proceeding as scripted. After briefly summarizing a long tradition of debate about intellectual property, this article first analyzes what is new and different about TRIPS. It then argues that extending intellectual private property rights to plants, in particular in the form of patents, challenges scientific logic and threatens biodiversity. Southern Africa has also taken this view, and is proposing political and legal alternatives to the patenting of biodiversity. Combining principles from the Convention on Bio logical Diversity and the FAO International Undertaking on Plant Genetic Resources, draft legislation affirms farmers' and community rights, while not denying the important role of international protocols. The proposal, calling for local and national control, is not only a model for Africa, but for other developing countries to resolve the incongruities between TRIPS and the CBD over the patenting of living organisms.
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Milani, Alireza, and Amir Ahmadi. "Trade and IPR in Iran: TRIPS Issues and Challenges." Global Trade and Customs Journal 12, Issue 10 (November 1, 2017): 388–407. http://dx.doi.org/10.54648/gtcj2017052.
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The Iranian government is working to develop its national intellectual property (IP) law to engage with the international IP system, prepare for membership of the WTO, and fulfil its obligations under the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement. Joining the WTO – even at the same level of obligation as current Members – may require a substantial adjustment in national law and corresponding industrial policy. The impact of bringing national law into baseline or ‘normal’ TRIPS Agreement compliance should not be underestimated. Compared to the TRIPS Agreement, Iran’s IP system is far from compliant. A number of items required in TRIPS are not yet protected in Iran. Even for items covered by law in Iran, many are not in compliance with TRIPS. To comply with TRIPS, Iran has a challenging agenda of reform.
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Pitschas, Christian. "The New EU Tobacco Products Directive in the Light of TRIPS: Trademarks and the Protection of Public Health." Global Trade and Customs Journal 9, Issue 7/8 (July 1, 2014): 356–69. http://dx.doi.org/10.54648/gtcj2014045.
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This article addresses the provisions of the recently adopted EU Tobacco Products Directive regarding the labelling of tobacco products. These provisions are reviewed in the light of the WTO-Agreement on Trade-Related Intellectual Property Rights (TRIPS-Agreement). This article seeks to determine the meaning of Article 8 TRIPS-Agreement as regards measures of WTO Members for the protection of public health. Further, said labelling provisions are assessed as to their necessity for the protection of public health and consistency with the provisions of the TRIPS-Agreement on trademarks, especially Article 20 TRIPS-Agreement.
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Frein, Michael. "Die Globalisierung von Rechten an geistigem Eigentum und der Nord-Süd-Konflikt." PROKLA. Zeitschrift für kritische Sozialwissenschaft 32, no. 126 (March 1, 2002): 103–25. http://dx.doi.org/10.32387/prokla.v32i126.715.
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The article discusses the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs) of the World Trade Organisation (WTO) as an instrument for the globalisation of intellectual property rights. It focuses on the provisions of TRIPs Art 27.3 (b), which contains global rules for the patenting of life, and the question of access to medicines for the poor in developing countries. By analysing the underlying economic and political interests of the industrial countries and multinational corporations, which have formed the provisions of the TRIPs- Agreement, it is argued that higher standards in intellectual property rights, especially patents, advantage the rich and disadvantage the poor. Therefore there is an urgent need to change the TRIPs-Agreement in line with the interests and in favour of developing countries. The article shows that there are several suggestions for the current negotiations made not only by NGOs, but also by governments of developing countries.
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Condon, Bradly J. "Climate Change and Intellectual Property Rights for New Plant Varieties." Journal of World Trade 47, Issue 4 (August 1, 2013): 897–923. http://dx.doi.org/10.54648/trad2013029.
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Debates between developing and developed countries over access to technology to mitigate or adapt to climate change tend to overlook the importance of plant varieties. Climate change will increase the importance of the development of new plant varieties that can adapt to changing climactic conditions. This article compares Intellectual Property Rights (IPRs) for plant varieties in the World Trade Organization (WTO) Trade-Related Aspects of Intellectual Property (TRIPS) Agreement, the UPOV Convention and the Convention on Biological Diversity (CBD). It concludes that TRIPS Article 27.3(b) provides an appropriate degree of flexibility regarding the policy options available to confront climate change.
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Yang, Jung-Mi, and Neung-Woo Kim. "6A Study on the Protection of Strong Intellectual Property Rights under the WTO System." Korean Academy Of International Commerce 37, no. 3 (September 30, 2022): 19–39. http://dx.doi.org/10.18104/kaic.2022.37.3.19.
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Purpose : This paper examines how The U.S has led to global intervention in the issue of intellectual property protection and proposes a multilateral approach to the demand for a strong level of intellectual property protection. Research design, data and methodology : This paper examines the WTO agreement specially Trade-Related Aspects of Intellectual Property Rights(TRIPS) and analyzes the relevant articles, the developing history of the United States relating IP regime and IPR protection modes. Results : When emerging economies such as China, Brazil, and India become strong and innovative countries, and these countries reflect the US IPR system as it is in creating their intellectual property systems, it may eventually lead to a dilemma. Conclusions : A lot of effort is still needed for WTO member states, except for developed countries, to meet the high-level IPR protection and implementation system that the US insists on. Therefore, it would be most exemplary if the current TRIPS improvement could escape the dilemma of focusing on strong IPR protection and implementation.
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Wu, Hao. "Customs Cooperation in the WTO: From Uruguay to Doha." Journal of World Trade 51, Issue 5 (October 1, 2017): 843–57. http://dx.doi.org/10.54648/trad2017033.
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From the Uruguay Round to the Doha Round, the issue of customs cooperation has been discussed in the World Trade Organization (WTO). Customs cooperation in the context of the WTO is mainly conducted in three dimensions: the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), customs valuation, and trade facilitation. Article 69 of the TRIPS provides for customs cooperation against trade in goods infringing intellectual property rights, particularly counterfeit trademark goods and pirated copyright goods. Customs cooperation under customs valuation deals with the truth or accuracy of the good’s declared value and is mainly inscribed in paragraph 8.3 of the Agreement on the Implementation of GATT Article VII and paragraph 12 of the Doha Ministerial Declaration. Article 12 of the Agreement on Trade Facilitation (TFA) sets forth comprehensive rules on customs cooperation. By examining the relevant WTO legal texts, this article contends that exchange of information is at the core of customs cooperation, and that reciprocity, due diligence, good faith, confidentiality are the central principles for exchange of information between customs authorities
14
Thomas, Monica. "To Waive or not to Waive: International Patent Protection and the Covid-19 Pandemic." Legal Issues of Economic Integration 49, Issue 1 (January 1, 2022): 7–42. http://dx.doi.org/10.54648/leie2022002.
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In 2020, South Africa and India submitted a landmark proposal to the World Trade Organization (WTO) to allow all countries the legal right under international trade rules to choose not to grant or enforce patents and other intellectual property (IP) related to COVID-19 drugs, vaccines, diagnostics and other technologies and materials for the duration of the pandemic. Since then, the proposal for an IP waiver has gained support from 100 WTO members. However, a small number have continued to oppose implementing an IP waiver, maintaining that the current flexibilities under the Agreement on Trade-Related Intellectual Property Rights (TRIPS) provide a sufficient remedy. The TRIPS flexibility most recommended by waiver opponents is the Compulsory Licensing mechanism which allows government the authority to grant permission to itself or domestic producers to make a patented product without the patent owners’ consent. This article conducts a comparative analysis of the potential IP waiver and the compulsory licensing mechanism’s functioning in relation to facilitating increased production of Covid-19 vaccines by generic pharmaceutical manufacturers. Covid-19 vaccine access, international intellectual property regime, TRIPS agreement, access to medicine, intellectual property waiver, compulsory licensing
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Ranjan, Prabhash. "Trade-Related Aspects of Intellectual Property Rights Waiver at the World Trade Organization: A BIT of a Challenge." Journal of World Trade 56, Issue 3 (May 1, 2022): 523–46. http://dx.doi.org/10.54648/trad2022021.
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To augment the global production and distribution of Covid-19 medical products such as vaccines, drugs, and other therapeutics, countries are negotiating temporarily waiving certain provisions of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement at the World Trade Organization (WTO). Depending on the conditions that will govern the waiver, countries will amend their domestic intellectual property (IP) laws to effectively implement the waiver. While the waiver will provide immunity to IP-related regulatory measures from legal claims at the WTO, multinational pharmaceutical companies can use the investor-State dispute settlement (ISDS) mechanism under bilateral investment treaties (BITs) to challenge such IP-related regulatory measures. In case of such a challenge to IP-related regulatory measures, will the host State be able to defend these measures? The article answers this question by dividing the investment treaty practice into those BITs that contain carve-out for IP and those that don’t. The former set of treaties provides greater regulatory autonomy to implement the TRIPS waiver. However, given the fragmented and incoherent nature of the ISDS mechanism, the outcome will depend on arbitral discretion. TRIPS waiver, WTO, bilateral investment treaties, intellectual property, investor-state dispute settlement
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Nurika, Rizki Rahmadini, and Septian Nur Yekti. "Classical Liberalism and Self-Reference Approach In Dealing With Harmonisation ASEAN IPR Regulations." JURNAL SOSIAL POLITIK 5, no. 2 (November 27, 2019): 208. http://dx.doi.org/10.22219/sospol.v5i2.8256.
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ASEAN Economic Community (AEC) regulates the Intellectual Property Rights (IPR) in its relation with their economic activities. It was stipulated in the ASEAN Framework Agreement on Intellectual Property Cooperation in 1995. As the ASEAN member states are also the member of World Trade Organization (WTO), the principles of AEC have to be in harmony with the WTO principles. This paper analyzes the compliance of ASEAN IPR laws with the principles of Trade Related to Intellectual Property Rights (TRIPs) of WTO. Second, this paper analyzes the enforcement of those regulations in the member states, finding out whether there is implementation in the region that is different with the international principles or not. It is a part of qualitative research that used secondary data to complete the explanative analysis. Classical liberalism and self-reference criterion becomes theoretical framework of analysis. Classical liberalism promotes laissez-faire economics and private property in the means of production. Meanwhile, self-reference criterion refers to an unconscious reference to one’s own culture, values, knowledge, and experience as a basis for decisions. The result reveals that the ASEAN IPR regulations have different specific and special nature with the TRIPs, affected by the characteristics of the nations.
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Abbott, Frederick M. "The WTO Medicines Decision: World Pharmaceutical Trade and the Protection of Public Health." American Journal of International Law 99, no. 2 (April 2005): 317–58. http://dx.doi.org/10.2307/1562501.
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On November 14,2001, the Ministerial Conference of the World Trade Organization, meeting in Doha, Qatar, adopted the Declaration on the TRIPS Agreement and Public Health (Doha Declaration). The declaration affirms that the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights “can and should be interpreted and implemented in a manner supportive of WTO Members’ right to protect public health and, in particular, to promote access to medicines for all,” and it reaffirms that the Agreement “provide[s] flexibility for this purpose.” The Doha Declaration mandated further negotiations on one important subject, providing in its paragraph 6: “We recognize that WTO Members with insufficient or no manufacturing capacities in the pharmaceutical sector could face difficulties in making effective use of compulsory licensing under the TRIPS Agreement. We instruct the Council for TRIPS to find an expeditious solution to this problem … .“
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McMahon, Joe, and Catherine Seville. "IV. Intellectual Property." International and Comparative Law Quarterly 50, no. 3 (July 2001): 714–24. http://dx.doi.org/10.1093/iclq/50.3.714.
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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.
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STRAUS, JOSEPH. "The Impact of the New World Order on Economic Development: The Role of the Intellectual Property Rights System." European Review 15, no. 1 (January 9, 2007): 47–63. http://dx.doi.org/10.1017/s1062798707000051.
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Since the establishment of the World Trade Organization, one of its pillars, the TRIPs Agreement, has been exposed to strong criticism. The main objection being that TRIPs works against the interest of the developing world. This criticism will be examined against the empirical data showing the actual economic development in developing countries, with a special focus on China and India. As those data reveal, the developing countries are to be viewed as beneficiaries of the new world economic order, of which TRIPs is an instrumental and integral part. To avoid frictions in international trade, it is, however, essential that all WTO Members strictly comply with all of their obligations, be it under TRIPs, GATT 1994, or other WTO instruments. Weakening of intellectual property rights is counterproductive.
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Kennedy, Matthew. "Blurred Lines: Reading TRIPS with GATT Glasses." Journal of World Trade 49, Issue 5 (October 1, 2015): 735–55. http://dx.doi.org/10.54648/trad2015029.
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There is a need to clarify when jurisprudence developed under the General Agreement on Tariffs and Trade (GATT) and under World Trade Organization (WTO) agreements on trade in goods and services is applicable in disputes concerning the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Through the application of the general rule of treaty interpretation, this article identifies two main areas in which such jurisprudence can be applicable in TRIPS disputes. These comprise procedural issues arising under the DSU and substantive issues surrounding basic GATT principles as adapted in Part I of TRIPS. The author makes a case study of the panel report in US – Section 110(5) Copyright Act to explore the consequences of resorting to GATT concepts in the interpretation and application of a minimum standard for intellectual property protection in Part II of TRIPS, and cautions against use of such an approach in future TRIPS disputes.
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MASKUS, KEITH E. "Regulatory standards in the WTO: Comparing intellectual property rights with competition policy, environmental protection, and core labor standards." World Trade Review 1, no. 2 (July 2002): 135–52. http://dx.doi.org/10.1017/s147474560200112x.
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The negotiation of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) greatly expands the purview of the World Trade Organization (WTO) into domestic regulatory standards. This evolution immediately raises the question of whether other regulatory standards, including competition policy, environmental standards, and worker rights, should be added to the WTO agenda. Indeed, the Doha Declaration opened the door for negotiations on the environment and competition policy but not labor standards. In this paper I review the logic and evidence for this decision based on economic arguments for multilateral management of market externalities, policy coordination problems, and systemic trade issues. The review concludes that, conditional upon the protection of intellectual property rights in the WTO, a strong case may be made for including competition rules. The case is weaker for environmental regulation (if by that is meant a set of WTO rules on permissible standards) and quite weak for core labor standards.
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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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ZAMAN, Khorsed. "The TRIPS Patent Protection Provisions and Their Effects on Transferring Climate Change Technologies to LDCs and Poor Developing Countries: A Critical Appraisal." Asian Journal of International Law 3, no. 1 (October 19, 2012): 137–61. http://dx.doi.org/10.1017/s2044251312000185.
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Despite the existence of almost eighty international agreements and legal instruments, there has not been a marked development in the transfer of climate change technologies to poor and the least developing countries. This article investigates the role of intellectual property rights (IPDs) and scrutinizes the effects of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) on the transfer of these technologies. It explores the TRIPS patent protection provisions and examines the associated flexibilities like compulsory licensing and parallel import options in the context of the transfer of climate change technologies. It finally concludes that the TRIPS patent protection rules, including the existing flexibilities, are one of the biggest impediments to the transfer of these technologies to poor and least developed countries. New agreements or promises on the transfer of green technologies would be fruitless if these TRIPS rules are not amended.
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Geofrey, Mahoro Jean Claude, and Kholis Roisah. "Patenting Deal in Indonesia, Article 20 of The Patent Law in The Political Perspective of International Trade Law." LAW REFORM 16, no. 1 (March 27, 2020): 19–31. http://dx.doi.org/10.14710/lr.v16i1.30302.
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The research at hand analyses the legal foundation of Article 20 of the Indonesian Patent Law No 13 of 2016. It assesses its conformity with the WTO Agreements known as the Uruguay Round, specifically the TRIPS Agreement. Those agreements have a character of ‘hard law,’ which compels all the WTO Members to be bound by them. Patent law and other Intellectual Property Rights (IPRs), any WTO Member must implement the minimum standards stipulated under the TRIPS Agreement in its national legal system without discrimination. In this light, Indonesia, as a WTO member since 1994, must comply with all WTO Agreements,. Therefor, it made various law reforms in the protection of IPRs. However, the Patent Law raised a debate that it contradicts the principles of international trade law as it embodies a discriminatory provision that only safeguards the people of Indonesia. As a result, the present found that, based on limited exceptions stipulated in the TRIPS and the Paris Convention, Indonesia did not violate the TRIPS as it applied a given leeway for implementing the TRIPS Agreement in a domestic context. Thus, it had reasonable grounds to secure its nationals’ mutual interest without violating general provisions and principles stipulated in the WTO Agreements.
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Das, Kasturi. "Select Issues and Debates around Geographical Indications with Particular Reference to India." Journal of World Trade 42, Issue 3 (June 1, 2008): 461–507. http://dx.doi.org/10.54648/trad2008021.
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The protection of geographical indications (GIs) has, over the years, emerged as one of the most contentious intellectual property right issues in the realm of the World Trade Organization (WTO) Agreement on Trade–Related Aspects of Intellectual Property Rights (TRIPs). The hierarchical nature of protection for GIs under TRIPs fails to provide full protection for GIs other than those designating wines and spirits. Aware of this inadequacy, India, along with other like–minded countries, has been pressing for the “extension” of the higher level of protection, currently granted only to GIs of wines and spirits, to all GIs. However, the issue has reached a stalemate at the WTO for quite some time now. Against this backdrop, this article provides a cogent account of a range of issues in the context of GI protection, with a particular focus on India.
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Mitchell, Andrew D., and Constantine Salonidis. "Davids Sling: Cross-Agreement Retaliation in International Trade Disputes." Journal of World Trade 45, Issue 2 (April 1, 2011): 457–88. http://dx.doi.org/10.54648/trad2011016.
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Cross-retaliation, where a World Trade Organization (WTO) member whose rights have been infringed under one WTO Agreement retaliates against the offending member under another WTO Agreement, is seen by some commentators as a way to counteract the deficiencies of conventional trade retaliation and mitigate the asymmetry of power in the WTO dispute settlement system. However, the potential of crossretaliation as an effective remedy remains unclear. This article argues that a credible and probable threat of cross-agreement retaliation could provide a powerful incentive for ex ante compliance. The credibility of the threat is established by reference to the WTO Agreement that is targeted. The suspension of Trade-Related Aspects of Intellectual Property Rights (TRIPS) obligations, in particular, holds great promise. The probability of the threat depends on the likelihood of the Dispute Settlement Body (DSB) authorization to suspend concessions, the outcomes of previous threats, and actions to operationalize cross-retaliation. WTO jurisprudence has fleshed out the requirements of Article 22.3 of the Dispute Settlement Understanding (DSU), allowing relatively safe assumptions as to the likelihood of DSB authorization to suspend concessions across agreements where significant economic disparities exist between the disputing parties. Previous cases featuring the threat of cross-retaliation reveal a modest influence on the policies of disputing parties. Finally, the operationalization of cross-agreement retaliation pursuant to the TRIPS Agreement is riddled with legal and policy problems, mainly in connection with the personal and territorial scopes of the suspension, the justiciable nature of intellectual property (IP) rights, the quantification of the suspension, the continuous supply of IP-dependent goods, and the consistency of the suspension with other, non-WTO international obligations. However, these problems do not prohibit developing countries from reaping the benefits of asymmetric information, so long as they create the impression of carefully structured retaliation plans that are ready to be triggered in the event of DSB authorization. A reasonable probability is the only certainty. Edgar Watson Howe (1853-1937)
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Yu, Peter K. "Access to Medicines, BRICS Alliances, and Collective Action." American Journal of Law & Medicine 34, no. 2-3 (June 2008): 345–94. http://dx.doi.org/10.1177/009885880803400210.
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On December 6, 2005, shortly before the World Trade Organization (“WTO”) Ministerial Conference in Hong Kong, WTO member states agreed to accept a protocol of amendment to the Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPs Agreement”). This amendment sought to provide a permanent solution to implement paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health (“Doha Declaration”). If ratified, the new article 31bis of the TRIPs Agreement will allow countries with insufficient or no manufacturing capacity to import generic versions of on-patent pharmaceuticals.To facilitate the supply of essential medicines to countries with insufficient or no manufacturing capacity, article 31bis(3) creates a special arrangement not only for the affected countries, but also for those belonging to a regional trade agreement. Such an arrangement allows less developed countries to aggregate their markets to generate the purchasing power needed to make the development of an indigenous pharmaceutical industry attractive.
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Mah, Jai S. "Patents on Pharmaceutical Products in Fair International Economic Relations." Perspectives on Global Development and Technology 18, no. 3 (May 17, 2019): 249–68. http://dx.doi.org/10.1163/15691497-12341521.
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Abstract Intellectual property right (IPR) negotiations during the Uruguay Round (UR) negotiations were characterized by significant disagreement between developed and developing countries. For developing countries, the WTO system might have gone too far on patents. It is particularly true for essential medicines critical to human life and health. The Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPS) of the WTO includes a few provisions on special and differential treatment (SDT) of developing countries. However, these do not specifically mention pharmaceutical products. Patentability of pharmaceutical products may be analysed in light of fairness. From the viewpoint of distributional fairness, this article derives several policy suggestions for pharmaceutical products in fair international economic relations.
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Lybecker, Kristina M., and Elisabeth Fowler. "Compulsory Licensing in Canada and Thailand: Comparing Regimes to Ensure Legitimate Use of the WTO Rules." Journal of Law, Medicine & Ethics 37, no. 2 (2009): 222–39. http://dx.doi.org/10.1111/j.1748-720x.2009.00367.x.
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The tension between economic policy and health policy is a longstanding dilemma, but one that was brought to the fore with the World Trade Organization’s (WTO) Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement in 1994. The pharmaceutical industry has long argued that intellectual property protection (IPP) is vital for innovation. At the same time, there are those who counter that strong IPP negatively impacts the affordability and availability of essential medicines in developing countries. However, actors on both sides of the debate were in agreement that something needed to be done to address the HIV/AIDS crisis, especially in developing countries. In response to sustained and significant pressure from civil society groups, members of the World Trade Organization agreed to the Declaration on the TRIPS Agreement and Public Health (the Doha Declaration) in 2001. The Declaration clarified that countries unable to manufacture the needed pharmaceuticals could obtain more affordable generics elsewhere if necessary.
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Cardwell, Ryan, and Pascal L. Ghazalian. "The TRIPS Agreement as a Coercive Threat: Estimating the Effects of Trade Ties on IPR Protection Regimes." Global Economy Journal 15, no. 2 (February 26, 2015): 257–75. http://dx.doi.org/10.1515/gej-2014-0026.
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Negotiators from developed countries pushed hard for the inclusion of the TRIPS Agreement in the WTO set of agreements because it was viewed as a potentially effective method of coercing developing countries to strengthen their protection of intellectual property rights (IPR). We investigate whether the threat of cross-agreement retaliation, which could be authorized in disputes regarding the TRIPS Agreement, is effective in changing countries’ IPR protection regimes. The results from a panel empirical model suggest that both the TRIPS Agreement and the strength of trade ties with developed countries are important determinants of IPR protection regimes, but the vulnerability to potential trade losses through cross-agreement retaliation is not a uniformly significant determinant across geo-economic regions. These results extend beyond the TRIPS Agreement and highlight the potential ineffectiveness of the WTO’s retaliation mechanism as a coercive threat.
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Osode, Patrick. "Reconciling the global public health interest with intellectual property protection through the waiver of certain provisions of the WTO TRIPS Agreement." Yuridika 37, no. 3 (September 1, 2022): 633–72. http://dx.doi.org/10.20473/ydk.v37i3.37237.
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The rapid spread of the SARS-CoV-2 virus which is responsible for the COVID-19 pandemic across the globe has spawned an intense debate on the necessity of a waiver of some provisions of the World Trade Organisation’s Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) to increase access to medicines and other medical technologies essential for combating the disease. This article explores the potential of the TRIPS waiver as a mechanism for reconciling the conflicting norms of public health with intellectual property rights protection. It argues that while the TRIPS waiver can be an effective legal instrument which accommodates public health concerns of increasing access to medicines and medical technologies, it has, in its current form and text, many flaws which militate against its effectiveness. These flaws are evident in the way the TRIPS waiver is couched, notwithstanding that the waiver presents multiple benefits including furthering re-humaninisation, distributive justice and decolonisation goals. The article offers recommendations on how the TRIPS waiver adopted during the WTO’s recently concluded 12th Ministerial Conference could be strengthened to eliminate some of its defects in pursuit of expanding access to COVID-19 vaccines and other therapeutic. The research methodology used in this article is the qualitative desktop doctrinal research methodological approach.
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Voon, Tania. "The Security Exception In WTO Law: Entering a New Era." AJIL Unbound 113 (2019): 45–50. http://dx.doi.org/10.1017/aju.2019.3.
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For seventy years, the security exception in the multilateral trade regime has mostly lain dormant. The exception first appeared in the General Agreement on Tariffs and Trade 1947 (GATT 1947), before being incorporated in the General Agreement on Tariffs and Trade 1994 (GATT 1994) upon the creation of the World Trade Organization (WTO). However, security exceptions also exist in several other WTO provisions, including the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the General Agreement on Trade in Services (GATS). Until recently, perhaps through a combination of WTO member restraint and fortuitous circumstances, WTO panels have not had to make a definitive ruling on the meaning and scope of these exceptions. Yet, suddenly, the security exception lies at the center of multiple explosive disputes, posing a potential threat to the WTO's very existence.
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Mešević, Iza Razija. "Access to Covid-19 Vaccine: Patents vs. People?" International and Comparative Law Review 21, no. 1 (June 1, 2021): 43–78. http://dx.doi.org/10.2478/iclr-2021-0002.
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Summary The article is looking into the issue of global equitable access to Covid-19 vaccines from the perspective of intellectual property rights, in particular patents. The discussed topics include instruments that could potentially facilitate access to patent protected health technologies (Covid-19 vaccines). Some of them are non-voluntary in nature, like the compulsory licenses in accordance with the TRIPS Agreement and others rely on the voluntary participation of the pharmaceutical industry, such as the C-TAP and the Medicines Patent Pool. The article also explores the controversial initiative regarding an “intellectual property waiver” proposed by a number of WTO members.
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Mercurio, Bryan. "‘SEIZING’ PHARMACEUTICALS IN TRANSIT: ANALYSING THE WTO DISPUTE THAT WASN'T." International and Comparative Law Quarterly 61, no. 2 (April 2012): 389–426. http://dx.doi.org/10.1017/s0020589312000073.
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AbstractSeveral recent detentions of generic pharmaceutical products transiting through the European Union (EU) for suspected infringements of intellectual property rights raised serious concerns for public health advocates and threatened to expose systemic problems existing in the World Trade Organization's (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). The detentions not only garnered international attention, but India and Brazil formally began WTO dispute settlement proceedings against the EU. The parties recently reached a mutually agreed solution to the matter and the proceedings have been halted, leaving unanswered the complex legal and technical questions raised by the detentions of pharmaceuticals in transit. Despite a solution being reached in this dispute, the matter will undoubtedly resurface in the near future for a number of reasons. For instance, the EU is attempting to export its laws to its trading partners through the negotiation of free trade agreements and in other forums such as the recently concluded Anti-Counterfeiting Trade Agreement which increases the likelihood that similar detentions will occur at some point in the future. Moreover, recent trends in international intellectual property law indicate a move towards increased protection and enforcement in at least the short and medium term. The issue therefore offers the opportunity for rich legal analysis into an underexplored, yet increasingly important, aspect of WTO law.
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Swaak-Goldman, Olivia Q. "Who Defines Members' Security Interest in the WTO?" Leiden Journal of International Law 9, no. 2 (June 1996): 361–71. http://dx.doi.org/10.1017/s0922156596000246.
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The European Community (EC) has recently announced its decision to begin dispute-resolution procedures in the World Trade Organization (WTO) against the United States (US) because of the latter's passage of the so-called ‘Helms-Burton’ law, which tightens the sanctions against Cuba by means of extraterritorial application. This will, in all probability, offer the WTO an ideal opportunity to define the limits of the General Agreement on Tariffs and Trade's (GATT) security exception. The security exception, contained in GATT Article XXI, is also included in other agreements annexed to the Agreement establishing the World Trade Organization (WTO Agreement), such as the General Agreement on Trade in Services (GATS) and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs). It provides an exception from all GATT (as well as GATS and TRIPs) obligations, including the all-important ‘most-favoured-nation’ non-discrimination rule. The security interests at issue must be those of a political, rather than an economic, nature. It should be noted that because there is no human rights and democracy exception to the GATT or other agreements annexed to the WTO Agreement, trade restrictions that are based either in whole or in part on these concerns, such as the measures against Cuba, are usually justified on the basis of the security exception.
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Voon, Tania, and Andrew D. Mitchell. "Patents and Public Health in the WTO, FTAs and Beyond: Tension and Conflict in International Law." Journal of World Trade 43, Issue 3 (June 1, 2009): 571–601. http://dx.doi.org/10.54648/trad2009023.
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By mandating patent protection for pharmaceutical products, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) of the World Trade Organization (WTO) creates difficulties for developing countries seeking to import medicines to deal with serious public health concerns. In 2001, WTO Members began working towards a solution to this problem. Their work led to a temporary waiver of certain TRIPS obligations and a proposal for a formal amendment of the TRIPS Agreement. However, the waiver remains underutilized and the amendment still lacks the necessary support of WTO Members for it to come into effect, suggesting that Members need to re-evaluate their commitment to affordable medicines while testing the workability of the waiver before making it permanent. Moreover, the potential of bilateral approaches to the problem of access to medicines for developing countries in the context of international trade is not being realized. On the contrary, preferential trade agreements concluded with the United States (US), in particular, are extending patent protection and diminishing flexibilities available under the TRIPS Agreement to address public health concerns. A pattern of contradictions exists between the WTO rhetoric on the one hand and Members’ domestic frameworks, bilateral agreements, and unilateral actions on the other. When it comes to attaining a coherent approach under international law towards reconciling patents and public health, the outlook is bleak.
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SPADANO, LUCAS EDUARDO F. A. "Cross-agreement retaliation in the WTO dispute settlement system: an important enforcement mechanism for developing countries?" World Trade Review 7, no. 3 (June 27, 2008): 511–45. http://dx.doi.org/10.1017/s1474745608003960.
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AbstractThis article aims at analysing the merits and limits of ‘cross-retaliation’ as a mechanism to induce compliance in WTO dispute settlement, specifically from the perspective of developing countries. The focus is on cross-agreement retaliation, in particular with respect to the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), as this seems to be the most ‘promising’ area for developing countries. Although there are several legal, economic, and administrative difficulties related to the implementation of a suspension of TRIPS obligations and there is so far no practical experience, this seems to remain an interesting option for developing countries – or at least for the largest ones among them – wishing to obtain greater leverage in the system.
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Zuijdwijk, Ton. "TRIPS and COVID-19 Vaccines: The New WTO TRIPS COVID-19 Waiver." Global Trade and Customs Journal 17, Issue 11/12 (November 1, 2022): 452–63. http://dx.doi.org/10.54648/gtcj2022064.
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The COVID-19 pandemic (coronavirus disease, previously known as novel coronavirus 2019) and the inequality of access to COVID-19 vaccines generated a proposal for a waiver by the World Trade Organization (WTO) of broad sections of the Agreement on Trade-Related Intellectual Property Rights (TRIPS), on a time-limited basis. India and South Africa presented a proposal to that effect in October 2020. The text proposed was controversial, led to considerable debate in the TRIPS Council and eventually led to a lengthy stand-off in the TRIPS Council, from October 2020 until May 2021. The European Union and the United States were the principal (but not the only) WTO Members opposing this proposal. Following the transition from the Trump Administration to the Biden Administration, the United States changed its position on a possible TRIPS COVID-19 waiver (in May 2021) and declared its willingness to engage in text-based negotiations. That prompted India and South Africa, together with other co-sponsors, to produce a somewhat revised version of their earlier proposal. Shortly after the change in the US position, the European Union presented an alternative proposal for a WTO COVID-19 waiver, in June 2021. It was only in the period of December 2021 to March 2022 that serious negotiations on the text of a TRIPS COVID-19 waiver took off, initially in ‘high-level group’, consisting of India, South Africa, the European Union and the United States. The outcome of these negotiations was taken to the TRIPS Council and resulted eventually in the adoption of a TRIPS COVID-19 waiver decision by the WTO Ministerial Conference, in June 2022. This article tracks the different proposals for a TRIPS waiver through their various phases, in a broader WTO and TRIPS context. It also evaluates the contributions of the different proposals to the final text of the TRIPS COVID-19 waiver decision and arrives at some conclusions as to the merits and significance of the resulting waiver. WTO, TRIPS, Marrakesh Agreement Establishing the World Trade Organization, WTO Agreement, waiver
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Plahe, Jagjit, Nitesh Kukreja, and Sunil Ponnamperuma. "Review of Article 27.3(b) and the Patenting of Life Forms: Hitting a BRIC Wall in the WTO?" International Negotiation 26, no. 2 (April 5, 2021): 289–318. http://dx.doi.org/10.1163/15718069-bja10018.
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Abstract Under Article 27.3(b) of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement of the World Trade Organization (WTO), all members are required to extend private property rights to life forms. Using official WTO documents, this article analyzes the negotiating positions of WTO members on life patents during a review of Article 27.3(b) which commenced in 1999 and is currently ongoing. Initially, developing countries raised serious ethical concerns regarding life patents, creating a clear North-South divide. However, over time the position of Brazil and India moved away from the ethics of life patents to the prevention of bio-piracy, a position supported by China. Russia too is supportive of life patents. A group of small developing countries have, however, continued to question the morality of life patents despite this “BRIC wall,” changing the dynamics of the negotiations from a North-South divide to one which now includes a South-South divide.
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Kaszubska, Katarzyna. "Compulsory Licensing under India’s New Model Bilateral Investment Treaty." Review of Market Integration 9, no. 3 (December 2017): 139–54. http://dx.doi.org/10.1177/0974929217744466.
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The traditional lack of patent protection for pharmaceutical products allowed India’s generic sector to expand and become ‘the pharmacy of the world’ supplying affordable medicines to both developed and developing countries. With the entry into force of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement in 2005, the mechanism of compulsory licensing was incorporated as a flexibility to ensure that the protection of intellectual property (IP) rights does not undermine the public access to affordable medicine. Following the issuance of the first compulsory licence by the India’s patent office to Natco for Nexavar in 2012, various domestic companies requested a licence for production of generic copies of patented drugs. The recourses and litigation over the compulsory licensing provisions under India’s Patent Act 1970 indicate the importance of the institution of compulsory licensing for ‘Indian pharma’ and its desire to rely on it in the future. This article attempts to assess the legal consequences of the new India’s Model Bilateral Investment Treaty providing investment tribunals with the jurisdiction to examine the compliance of domestic decision to grant compulsory licence with the World Trade Organization (WTO) TRIPS Agreement. JEL: K33, P45, F21, O34, O53, O19
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Neumayer, Eric. "Book Review: Intellectual property rights, the WTO and developing countries. The TRIPS Agreement and policy options." Progress in Development Studies 2, no. 1 (January 2002): 69–70. http://dx.doi.org/10.1177/146499340200200114.
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Lin, Tsai-Yu. "Inter-Mingling TRIPS Obligations with an FET Standard in Investor-State Arbitration: An Emerging Challenge for WTO Law?" Journal of World Trade 50, Issue 1 (February 1, 2016): 71–91. http://dx.doi.org/10.54648/trad2016006.
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The boundary and shape of evolving investment regimes are heavily influenced by investors’ claims. Bringing a host state’s obligations under other trade agreements as a part of the Fair and Equitable Treatment (FET) standard in investment treaties represents a new challenge. As argued here, a host state’s violation of the World Trade Organization (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) establishing a violation of the FET standard not only serves as a unique single issue to be decided in an investment dispute, but would also have important legal implications. That is, investor-state arbitration might function as a competing forum with the WTO for setting future trade matters, and the risk of fragmenting WTO law in various arbitral awards would be increased. Ultimately, the security and predictability of the WTO law system would be undermined and eroded in the context of investment treaties. It is suggested that WTO Members should develop more efficient rules to safeguard the integrity of WTO law from undue interferences by investors in their investment treaties.
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Wulandari, Fenny. "IMPLEMENTASI MEREK TERDAFTAR SEBAGAI PERLINDUNGAN TERHADAP KONSUMEN." Jurnal Surya Kencana Satu : Dinamika Masalah Hukum dan Keadilan 8, no. 2 (November 8, 2017): 39. http://dx.doi.org/10.32493/jdmhkdmhk.v8i2.693.
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ABSTRAKPengaturan Intellectual Property Right (Hak Kekayaan Intelektual) terkait Merek diatur dalam Undang-Undang No 20 Tahun 2016 tentang Merek dan Indikasi Geografis. Dalam undang-undang tersebut tidak secara tersurat diatur tentang perlindungan konsumen tetapi tersirat dalam konsiderans bahwa Indonesia sebagai anggota WTO (World Trade Organization) mempunyai konsekuensi untuk meratifikasi Konvensi Internasional dalam menjaga perlindungan konsumen. Hal ini yang hendak dicapai dengan konsep Hak Kekayaan Intelektual yang secara internasional tercantum dalam WTO Agreement/Trade Related Aspects of Intellectual Property Rights (TRIPs). Dalam Undang-Undang No 8 Tahun 1999 tentang Perlindungan Konsumen pada pasal 4 huruf c, hak konsumen adalah hak atas informasi yang benar, jelas dan jujur mengenai kondisi serta jaminan barang dan/atau jasa. Hal ini yang harus diperhatikan para pelaku usaha atau produsen ketika memproduksi barang dan/atau jasa yang kemudian akan didaftarkan hak mereknya. Kata Kunci : Hak Kekayaan Intelektual, Merek, Perlindungan Konsumen
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Gagliani, Gabriele. "International Economic Disputes, Investment Arbitration and Intellectual Property: Common Descent and Technical Problems." Journal of World Trade 51, Issue 2 (April 1, 2017): 335–55. http://dx.doi.org/10.54648/trad2017014.
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Intellectual Property has always been at the heart of international economic governance. Indeed, the 1883 Paris Convention and the 1886 Berne Convention are commonly considered the first instances of international economic regulation. Hence, although the negotiation and adoption of the Agreement on Trade-Related Intellectual Property Rights (TRIPS Agreement) at the WTO and the inclusion of Intellectual Property (IP) rights among the ‘investments’ often covered under international investment agreements seem to have taken some by surprise, this convergence appeared inscribed in the genealogy of the subject. Many scholars have already paid attention to the relationship between trade, IP and investment, but the ‘technical’ issues that litigation in investment arbitration of IP rights (regulated at the national, regional and international level) might generate have apparently gone unnoticed. This article argues that further integration between the two regimes at the dispute settlement level is not desirable in practice for technical reasons. IP law and governance are highly fragmented and allocated among different fora at the international level. This situation is also reflected in the lack of agreement among states on several IP issues. The litigation of IP rights in investment disputes adds to this fragmentation instead of diminishing it and it appears as an attempt to unduly circumvent the discussions of IP questions taking place in intergovernmental fora.
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Drahos, Peter. "“Trust Me”: Patent Offices in Developing Countries." American Journal of Law & Medicine 34, no. 2-3 (June 2008): 151–74. http://dx.doi.org/10.1177/009885880803400205.
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Patent rules matter to the structure and evolution of pharmaceutical markets. If they did not, pharmaceutical multinationals would not spend resources on their globalization and content. The role of pharmaceutical multinationals in shaping the patent provisions of the Agreement on the Trade-Related Aspects of Intellectual Property Rights (TRIPS) has been well documented. The contributions of developing country coalitions and nongovernmental organizations (NGOs) in the World Trade Organization (WTO) on TRIPS and access to medicines have also been studied.One actor, the patent office, has largely escaped detailed scrutiny in the literature that has grown around intellectual property law and access to medicines. There is an obvious explanation. Patent offices are administrative bodies. They administer patent standards that are decided and defined by others – the courts, legislatures or the executive acting in the context of treaty negotiation. For those interested in the structural reform of pharmaceutical markets, reforming patent office administration has not been a high priority.
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Rikowski, Ruth. "TRIPS into the Unknown: libraries and the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights." IFLA Journal 29, no. 2 (June 2003): 141–51. http://dx.doi.org/10.1177/034003520302900205.
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Wang, Xiaoyan, and Xinzhe Song. "Rethinking Coexistence Between Prior Trademarks and Later Geographical Indications." Journal of World Trade 56, Issue 5 (October 1, 2022): 831–52. http://dx.doi.org/10.54648/trad2022034.
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The coexistence principle presents a means for resolving the conflict between prior trademarks and later geographical indications (GIs). This principle has been increasingly adopted in several countries due to recent negotiation efforts of the EU that are meant to combat the ‘first in time, first in right’ (‘FITFIR’) principle promoted by the US. This article focuses on three controversial issues raised in the application of the coexistence principle. The World Trade Organization (WTO) Panel Reports in the Australia-EU (DS290) and US-EU (DS174) disputes related to EU Regulation 2081/92 mentioned these issues but left them unresolved, thereby making space for the EU to require trade partners to widen the scope of coexistence between prior trademarks and later GIs in a manner that runs counter to the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement). Furthermore, these unresolved issues led to difficulties in applying the coexistence principle and EU-type coexistence clause adopted in non-EU WTO Members. Based on the findings, this article recommends appropriate methods for implementing the coexistence principle that are consistent with the TRIPS Agreement. geographical indication, trademark, coexistence, principle of priority, World Trade Organization, likelihood of confusion, misleading use, reputation of prior trademark, descriptive use, use in a trademark sense
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Finston, Susan K. "Commentary: An American BioIndustry Alliance Perspective on CBD/TRIPS Issues in the Doha Round." Global Economy Journal 5, no. 4 (December 7, 2005): 1850072. http://dx.doi.org/10.2202/1524-5861.1159.
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Commentary on the relationship between the Convention on Biological Diversity and the WTO Agreement on Trade Related Aspects of Intellectual Property Rights. Susan Finston is Executive Director of the American BioIndustry Alliance (ABIA), a new advocacy organization that seeks enabling conditions for biotechnology through sustainable, mutually beneficial Access and Benefit Sharing (ABS) policies. Previously, she worked for the Pharmaceutical Research and Manufacturers of America (PhRMA), where she was Associate Vice President for Intellectual Property, Middle East/Africa and South Asian Affairs. Prior to joining PhRMA in 1999, Finston served in the U.S. Foreign Service, specializing in intellectual property and international trade policy. She received two meritorious Honor Awards for work on bilateral and multilateral trade negotiations. From 1986 -1988, Finston served as a Motions Clerk working with active judges at the Federal Court of Appeals for the Seventh Circuit in Chicago, Illinois. She was admitted to practice before the Illinois Bar, and the U.S. Court of Appeals for the Seventh Circuit. She graduated from the University of Michigan in 1986 with a joint J.D./M.P.P. degree and with a B.S. in Philosophy in 1982. Her recent article, “The Relevance of Genetic Resources to the Pharmaceutical Industry—The Industry Viewpoint,” appeared in the March 2005 Journal of World Intellectual Property.
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Kumar, Shashank P. "International Trade, Public Health, and Intellectual Property Maximalism: The Case of European Border Enforcement and Trade in Generic Pharmaceuticals." Global Trade and Customs Journal 5, Issue 4 (April 1, 2010): 155–69. http://dx.doi.org/10.54648/gtcj2010017.
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Even as the world witnesses another pandemic, industrialized nations and their industries continue their efforts to ‘rachet-up’ levels of intellectual property (IP) protection. Such a maximalist agenda drives another paradigm shift in the international IP regime today. While maximalists employ several methods to promote their agenda, this work seeks to study the case of European border enforcement law (Council Regulation (EC) No. 1383/2003 of 22 Jul. 2003, Concerning Customs Action Against Goods Suspected of Infringing Certain Intellectual Property Rights and the Measures to be Taken Against Goods Found to Have Infringed Such Rights [hereinafter ‘EC Regulation 1383’]) and its effects on international trade in generic drugs. Triggered by several incidents involving ‘seizure’ of in transit generic drugs by European customs, the issue continues to be ‘hotly debated’ on at the international level and is of immense contemporary relevance to larger issue of global justice. After a discussion on the evolution of European border enforcement law and its interpretation by European courts to determine its scope, this work seeks to study the effect of EC Regulation 1383 on international trade in generic pharmaceuticals by studying several instances of ‘seizure’ of generic pharmaceuticals in transit between developing nations and the international debate it has generated at the World Trade Organization (WTO). The discussion highlights the maximalist (and ‘TRIPS-Plus- Plus’) nature of the European law and raises important issues concerning the interpretation of Agreement on Trade-Related Aspect of IP Rights (TRIPS), public health, World Trade Organization, Ministerial Declaration of 14 Nov. 2001 (hereinafter ‘Doha Declaration’), and the possibility of a future WTO dispute. The discussion concludes with some comments on broader issues of global justice and the WTO that are raised by the European law and its enforcement affecting access to medicines in developing countries.
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Dolle, Tobias, and Paolo R. Vergano. "Free Trade Agreements and Regulatory Change: Examples from the Generic and Biosimilar Sectors." Journal of World Trade 51, Issue 2 (April 1, 2017): 205–32. http://dx.doi.org/10.54648/trad2017009.
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Comprehensive free trade agreements (FTAs) have increasing importance and impact on domestic legislation and significantly affect regulated industries, such as pharmaceuticals. Recent FTAs include provisions on regulatory cooperation and convergence, as well as intellectual property provisions going well beyond the scope of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs). These rules have particular importance for the generic and biosimilar medicines’ sectors and have important links to public health objectives. A growing number of sectors are covered by the substantive provisions of FTAs, often by means of dedicated and sector-specific rules and chapters catering to country- and/or industry-specific needs and interests. The article provides the relevant background in terms of trade law, trade negotiations and FTA trends, particularly as they relate to intellectual property rights and pharmaceuticals. The article places its core emphasis on the domestic impact of FTAs. Examples are drawn from the pharmaceutical sector of generic and biosimilar medicines. The potentially decisive impact of FTAs implies the necessity that all interested parties be more pro-actively involved in order to shape the future of the applicable legal frameworks, internationally and domestically.