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Autore: Grafiati
Pubblicato: 4 giugno 2021
Ultima modifica: 31 gennaio 2023

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1

Ahmadi, Maryam, e Leila Ahmadi. "Intellectual Property Rights of Nanobiotechnology in Trade Related Aspects of Intellectual Property Rights Agreement (TRIPS)". Journal of Bionanoscience 6, n. 1 (1 giugno 2012): 56–64. http://dx.doi.org/10.1166/jbns.2012.1067.

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2

Koosha, Abutaleb. "Intellectual property rights of nano-biotechnology in trade related aspects of intellectual property agreement". Indian Journal of Science and Technology 5, n. 3 (20 marzo 2012): 1–7. http://dx.doi.org/10.17485/ijst/2012/v5i3.38.

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3

Lamy, Pascal. "Trade-Related Aspects of Intellectual Property Rights - Ten Years Later". Journal of World Trade 38, Issue 6 (1 dicembre 2004): 923–34. http://dx.doi.org/10.54648/trad2004038.

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4

Mathur, Somesh K. "Trade-Related Aspects of Intellectual Property Rights and Copyright Provisions". Journal of World Intellectual Property 6, n. 1 (1 novembre 2005): 65–99. http://dx.doi.org/10.1111/j.1747-1796.2003.tb00194.x.

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5

Hoen, Ellen't. "Trade-related aspects of intellectual property rights remain a problem". Lancet 355, n. 9214 (aprile 2000): 1528. http://dx.doi.org/10.1016/s0140-6736(05)74590-6.

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6

ADOLF, Huala. "TRADE-RELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHTS AND DEVELOPING COUNTRIES". Developing Economies 39, n. 1 (marzo 2001): 49–84. http://dx.doi.org/10.1111/j.1746-1049.2001.tb00893.x.

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7

Jozwik, Katarzyna. "Investment Regulation and Intellectual Property". Global Trade and Customs Journal 6, Issue 7/8 (1 luglio 2011): 351–59. http://dx.doi.org/10.54648/gtcj2011043.

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This article discusses a consideration of the impact of investment agreements on rights and obligations of developing countries under the Trade-Related Aspects of Intellectual Property Rights (TRIPS) regime, including general remarks about extension of investment standards to the intellectual property (IP) of covered investment.
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8

Syafrinaldi, Rani Fadhila, e David Hardiago. "Trips Agreement Dan Standarisasi Hukum Perlindungan Hak Kekayaan Industri Di Indonesia". UIR Law Review 5, n. 1 (25 aprile 2021): 19–29. http://dx.doi.org/10.25299/uirlrev.2021.vol5(1).6992.

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Trade Related Aspects of Intellectual Property Right Agreement 1995 (TRPS Agreement) is an international provision in the field of intellectual property rights protection that applies universally. Indonesia as a country of law, has all laws relating to the protection of intellectual property rights with reference to the TRIPS Agreement. The TRIPS Agreemnt formulation must also refer to the Paris Convention For the Protection of Industrial Property, 1883 which has been recognized as the legal basis for the protection of intellectual property rights globally. Protection of industrial assets consisting of Patents, Trademarks, Trade Secrets, Industrial designs, Protection of Plant Varieties and Layout Designs of Integrated Circuits must be carried out by the state towards the holders of the said industrial property rights
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Robbani, Md Golam. "Trade-Related Aspects of Intellectual Property Rights and Least Developed Countries". Journal of World Intellectual Property 8, n. 4 (1 novembre 2005): 565–73. http://dx.doi.org/10.1111/j.1747-1796.2005.tb00266.x.

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10

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 (1 aprile 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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11

Eberhard Tundang, Ronald. "US–China Trade War An Impetus for New Norms on Technology Transfer". Journal of World Trade 54, Issue 6 (1 dicembre 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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12

Krukowska-Siembida, Paulina. "Patent Protection in the TRIPS Agreement and the Right to Health: Can They Be Reconciled?" Studia Iuridica Lublinensia 28, n. 4 (30 dicembre 2019): 89. http://dx.doi.org/10.17951/sil.2019.28.4.89-100.

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<p>The monopoly enjoyed by pharmaceutical manufacturers, resulting from the protection of intellectual property, directly affects the price of medicinal products and thus their availability, especially in developing and least-developed countries. The aim of the article was to examine the provisions of the Agreement on Trade-Related Aspects of Intellectual Property Rights adopted under the World Trade Organization, an attempt to answer the question of whether it is possible to reconcile the protection of intellectual property with the human right to health.</p>
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13

Hasanah, Nur. "TINJAUAN HUKUM PENOLAKAN PATEN TERKAIT DENGAN KEBARUAN DARI KISARAN". Veritas 5, n. 1 (29 marzo 2019): 66–80. http://dx.doi.org/10.34005/veritas.v5i1.253.

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Intellectual property rights are related to human creativity which is the result of the work of creativity, human sense and intention. In Intellectual Property Rights that are protected is the right of the owner of Intellectual Property Rights, not the final product produced by the owner of Intellectual Property Rights. In the global economic order, Intellectual Property Rights are seen as a trade problem that includes interactions of three main aspects, namely intellectual property, commercialization and legal protection. This means that Intellectual Property Rights become important when there are intellectual works that will be commercialized so that the owners of intellectual works need formal legal protection to protect their interests in obtaining benefits from the commercialization of their intellectual work. This study explains the role of how the decision of the Patent Appeal Commission on patent applications, especially on patent applications number W00200903691 submitted by Repros Therapeutics Inc. through Intellectual Property Consultants in Indonesia who represent it (in this case AMR Partnership) with the title of the invention "Antiprogestin Dosage Regimen" and how to analyze the decision.
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14

Laksminarti, Laksminarti. "Kebijakan Pemerintah Dalam Perlindungan Hak Kekayaan Intelektual (HAKI) Di Indonesia". Pencerah Publik 5, n. 2 (13 ottobre 2018): 27–33. http://dx.doi.org/10.33084/pencerah.v5i2.1012.

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This research aims to obtain a picture of the policy in the field of intellectual property rights as well as legislation and law enforcement of intellectual Property Rights (HAKI). The increasingly high-flow of free trades that demand the higher creativity of the resulting products proved increasingly spur on the technological developments that support these needs. Along with this, it began to realize the importance of the role of intellectual Property Rights (HAKI) in supporting technological developments. This is seen from the increasingly high number of copyright, patent and trademark applications and the sufficient number of industrial design applications addressed to the Directorate General of Intellectual Property Rights, the Office of the jurisdiction and human rights. By using a descriptive analysis obtained the idea that the implementation of good intellectual property rights system not only requires the legislation in the field of intellectual property right but should be supported also by Administration, law enforcement and an optimal socialization program on intellectual property Rights (HAKI). The results of the research show that at this time, Indonesia has had a legal device in the field of intellectual property rights which is adequate and does not contradict the provisions as required in Agreement on Trade-Related Aspect Of Intelectual Property Rights. In principle, all rules of intellectual property rights have been prepared about the interests of the Community and by the minimum provisions as required by TRIPS approval (Agreement on Trade-Related) Aspect Of Intelectual Property Rights).
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15

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 (1 maggio 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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16

Correa, Carlos M. "Flexibilities provided by the Agreement on Trade-Related Aspects of Intellectual Property Rights". Bulletin of the World Health Organization 96, n. 3 (1 marzo 2018): 148. http://dx.doi.org/10.2471/blt.17.206896.

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17

Knight, Peter. "Australia's Response to the Agreement on Trade-Related Aspects of Intellectual Property Rights". Journal of World Intellectual Property 2, n. 2 (1 novembre 2005): 221–55. http://dx.doi.org/10.1111/j.1747-1796.1999.tb00059.x.

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18

Abeyratne, Ruwantissa I. R. "Trade-Related Aspects of Intellectual Property Rights in a Liberalized Air Transport Industry". Journal of World Intellectual Property 4, n. 3 (1 novembre 2005): 383–401. http://dx.doi.org/10.1111/j.1747-1796.2001.tb00112.x.

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19

Evans, Gail E. "Intellectual Property as a Trade Issue – The Making of the Agreement on Trade-Related Aspects of Intellectual Property Rights". World Competition 18, Issue 2 (1 dicembre 1994): 137–80. http://dx.doi.org/10.54648/woco1994013.

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20

Sulistianingsih, Dewi, e Raden Muhammad Arvy Ilyasa. "THE IMPACT OF TRIPS AGREEMENT ON THE DEVELOPMENT OF INTELLECTUAL PROPERTY LAWS IN INDONESIA". Indonesia Private Law Review 3, n. 2 (14 dicembre 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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21

Boru, Zeleke Temesgen. "The Trans-Pacific Partnership’s patent linkage: Unfriending or befriending the right to biologics?" Journal of Generic Medicines: The Business Journal for the Generic Medicines Sector 15, n. 2 (16 aprile 2019): 61–68. http://dx.doi.org/10.1177/1741134319839447.

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The World Trade Organization brought Intellectual Property Rights into the multilateral trading system. The adoption of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which formed part of the Agreement Establishing the World Trade Organization, established a minimum level of protection with respect to various forms of Intellectual Property Rights. However, in the aftermath of its adoption, several Free Trade Agreements, which include Intellectual Property Rights provisions of different potency, have come into existence. These Free Trade Agreements have given rise to what is commonly known as TRIPS-plus IP provisions. The provisions may renege on States’ obligation to promote access to biologics, medicines which are derived from proteins through biotechnological process. In this light, one recent Free Trade Agreement is the Trans-Pacific Partnership Agreement, which requires its Parties to implement a number of TRIPS-plus obligations, including data exclusivity and patent linkage. Against the aforementioned backdrop, this article focuses on patent linkage and explores whether the provision allows the Trans-Pacific Partnership Parties to utilize TRIPS flexibilities to promote the right to biologics. In doing so, the article provides potential responses to the question, does patent linkage deter the realization of the right to biologic? With the purpose to do so, while the first section provides a concise introduction into the agreement, the second section discusses the TRIPS standard on patent. While the third part demonstrates the nature of obligations enshrined in the Trans-Pacific Partnership’s rule on patent linkage, the fourth section investigates the obligations’ implication on the right to biologics. The last section provides the conclusion.
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22

Condon, Bradly J. "Climate Change and Intellectual Property Rights for New Plant Varieties". Journal of World Trade 47, Issue 4 (1 agosto 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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23

Ancevska Netkovska, Кaterina. "Trips Agreement and Pharmaceutical Inventions". Macedonian Pharmaceutical Bulletin 56 (2011): 71–78. http://dx.doi.org/10.33320/maced.pharm.bull.2010.56.009.

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Existence of contemporary, modern legal regulations in a certain segment of the national legal system, such as legal regulation of intellectual property rights is an assumption, but not a guarantee for the presence of efficient protection of these rights. The Agreement on Trade-Related Aspects of Intellectual Property Rights-TRIPS is one of the most important documents related to the trade of intellectual property rights. This Agreement is one of the most important acts on harmonization and implementation of intellectual property rights at multinational level, whereby the intellectual property is assigned a new dimension-world globalization of this field, also promoted by technology development. Medical technology is an area of huge progress of concern to all of us. Finding an optimum in intellectual property protection among short-term interests in the maximum approach and long-term interests in promoting creativity and innovation is not always easy. Trying to transfer that at international level is even harder than in national, domestic conditions. Maybe the most interesting and exciting field of activity is definitely that of pharmaceutical inventions, where tension exists between the need to determine the landmark for research and development of new pharmaceuticals and the need for allowing greater availability of the existing pharmaceuticals. The acceptance of TRIPS Agreement means a way to establish legal and economic cooperation with European Union countries and all other countries. International standards oblige Republic of Macedonia to continuously harmonize our law with international conventions in the field of intellectual property rights.
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Triana, Nita. "Menggagas Hak Kekayaan Intelektual Perspektif Hukum Islam ke dalam Hukum Nasional". Al-Manahij: Jurnal Kajian Hukum Islam 12, n. 2 (5 dicembre 2018): 177–92. http://dx.doi.org/10.24090/mnh.v12i2.1747.

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This study aims to describe and analyze Intellectual Property Rights (IPR) under the rules of Trade-Related Aspects of Intellectual Property Rights (TRIPs) which are in several respects different from the laws that live in Indonesia. Therefore, it is necessary to initiate Intellectual Property Rights Law that is in accordance with the values that live in Indonesia, the majority of which are Muslim communities. The results of this study illustrate that the legal protection of the owners of In­tellectual Property Rights (IPR) in Indonesia has been regulated in various laws and regulations that are included in the Intellectual Property Rights Law system. These regulations must refer strictly to the TRIPs Agreement. The Intellectual Property Rights regime with the rules of TRIPs has two sides in the protection of intellectual property rights, on the one hand it protects individual interests from piracy and theft of intellectual property, but on the other hand empirically this le­gal protection greatly benefits developed countries. Based on this, the Intellectual Property Rights Law must be rebuilt with the source of material law originating from values that live in Indonesian society, namely Islamic law.
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de Rassenfosse, Gaétan, Paul H. Jensen, T’Mir Julius, Alfons Palangkaraya e Elizabeth Webster. "Are Foreigners Treated Equally under the Trade-Related Aspects of Intellectual Property Rights Agreement?" Journal of Law and Economics 62, n. 4 (novembre 2019): 663–85. http://dx.doi.org/10.1086/705801.

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Gunaseelan, S., M. Sumathi e C. Ranganathan. "Geographical Indications in the Context of Manipur: A Case Study of Kachai Lemon". Asian Review of Civil Engineering 10, n. 2 (5 novembre 2021): 33–35. http://dx.doi.org/10.51983/tarce-2021.10.2.3176.

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Geographical indications have verified to be the foremost contentious of all the intellectual property rights coated by the World Trade Organization’s Agreement on Trade-Related Aspects of property Rights. The extension of increased protection to product aside from wines and spirits/ further themultilateral system for notification and registration of geographical indications, ar the 2 most contentious problems regarding Gls. This study is an effort to grasp these problems and a case study of Kachai Lemon.
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Adekola, T. A. "Public health–oriented intellectual property and trade policies in Africa and the regional mechanism under Trade-Related Aspects of Intellectual Property Rights amendment". Public Health 173 (agosto 2019): 1–4. http://dx.doi.org/10.1016/j.puhe.2019.04.019.

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Febrina, Monica Yesica, e Sardjana Orba Manullang. "Trade Secret Protection as Part of Intellectual Property System: a Comparative Study of Indonesian and United States of America Trade Secret Law". Jurnal Mahkamah : Kajian Ilmu Hukum Dan Hukum Islam 5, n. 2 (28 dicembre 2020): 193–212. http://dx.doi.org/10.25217/jm.v5i2.1189.

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Legal protection of intellectual property is an important element in supporting creativity and trade. Indonesia has ratified the Agreement and Trade Related Aspects of Intellectual Property Rights and has enacted Law number 30 of 2000 concerning Trade Secret. Legal protection of trade secrets aims to protect business actors in trade practices both regionally and internationally. In addition, protection of trade secrets can prevent unfair business competition. Thus, business people have wider opportunities to develop their creativity and business. This research method is a normative research with comparative research type. This study examines the comparison of intellectual property protection laws specifically regarding trade secrets with laws in United States. The purpose of this comparative normative study to examine the extent to which the Trade Secret Act can be effective in its application as can be applied in the Supreme Court Decision.
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Guan, Wenwei. "Copyright Anti-Circumvention & Free Trade". Journal of World Trade 52, Issue 2 (1 aprile 2018): 257–79. http://dx.doi.org/10.54648/trad2018012.

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The article examines the contrasting implementation of Intellectual Property Organization (WIPO) Internet Treaties’ anti-circumvention obligation and its free trade implications. While the US Digital Millennium Copyright Act (DMCA)’s implementation established a brand new exclusive right of access control for rightholders, the EU’s InfoSoc Directive attempted to balance rightholder’s access control with interests of fair use beneficiaries. Examination of copyright’s private right nature shows access control in anti-circumvention finds no support from traditional theory, and actually turns copyright into a negative right in rem. Further examination on copyright limitations and exceptions shows that the anti-circumvention mechanism sits right at the centre of the dynamics between the idea-expression dichotomy, and the tension between rights and obligations. Critical examination of the circumstances of treaty conclusion of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and Internet Treaties respectively shows that neither framework’s settlements have successfully balanced rights and obligations, or private rights and public access. New development of regional trade fragmentation from Trans-Pacific Partnership (TPP), to the Anti-Counterfeiting Trade Agreement (ACTA), to the Regional Comprehensive Economic Partnership (RCEP), brings the anti-circumvention diversity further into a terrain of uncertainty. The article concludes with a call for attention to access control’s negative impact on public information access and the balance of rights and obligations.
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Sarac, Jovan. "The role of the agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) in the system intellectual property protection". International Journal Vallis Aurea 1, n. 2 (1 dicembre 2015): 87–96. http://dx.doi.org/10.2507/ijva.1.2.9.21.

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Korshenko, V. A., M. V. Mordvyntsev e D. V. Pashniev. "International and domestic experience of intellectual property legal protection on the Internet and separate methods of police crimes detection in this area". Bulletin of Kharkiv National University of Internal Affairs 98, n. 3 (28 settembre 2022): 217–30. http://dx.doi.org/10.32631/v.2022.3.20.

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The history of the development of international legislation and the conclusion of international treaties regarding the protection of intellectual property, starting with the Berne Convention on the Protection of Literary and Artistic Works, was considered. The World Convention on Copyright, the Agreement on Trade Aspects of Intellectual Property Rights, and the Copyright Agreement of the World Intellectual Property Organization were analyzed. An attempt to sign an Anti-Counterfeiting Trade Agreement was tracked. The history of the adoption of laws on the protection of intellectual property in the USA “On Combating Online Piracy” (SOPA) and “On Prevention of Real Network Threats to Economic Creativity and Theft of Intellectual Property” (PIPA) was studied. The legal framework of the EU regarding the protection of intellectual property rights on the Internet, in particular Directive No. 2019/789 of the European Parliament and the Council dated April 17, 2019, which establishes the application of the provisions of copyright and related rights to individual online broadcasts of broadcasting organizations and retransmissions of radio and television programs, and Directive No. 2019/790 of the European Parliament and the Council dated April 17, 2019 on copyright and related rights in the single digital market were concidered. The legislative framework of Ukraine aimed at protecting intellectual property rights and preventing illegal distribution of media content was analyzed, in particular the Laws of Ukraine “On Copyright and Related Rights” and “On State Support of Cinematography”. Forms of illegal distribution of media content are defined. An analysis of telecommunication means on the Internet identification methods during forensic telecommunications examination was carried out. The methods used now were considered, and their main shortcomings were described. Alternative methods of identification were proposed.
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Rikowski, Ruth. "A Marxist Analysis of the World Trade Organisation's Agreement on Trade-Related Aspects of Intellectual Property Rights". Policy Futures in Education 4, n. 4 (dicembre 2006): 396–409. http://dx.doi.org/10.2304/pfie.2006.4.4.396.

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Hegedus-Gáspár, Máté. "Data Exclusivity for Biological Pharmaceuticals: Is New Zealand in Breach of World Trade Organization Law?" Journal of World Trade 50, Issue 5 (1 ottobre 2016): 909–34. http://dx.doi.org/10.54648/trad2016037.

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Abstract (sommario):
The protection of intellectual property (IP) rights is riddled with conflicts of interests. The Agreement on Trade-Related Aspects of Intellectual Property Rights (hereinafter ‘TRIPS Agreement’) introduced standards in order to harmonize IP law enforcement simplifying the task of finding the appropriate level of protection. In some cases IP protective measures result in severe trade restrictions, which can, nevertheless, be justified by virtue of their compliance to TRIPS. However, some trade restrictive intellectual property rights (IPRs) are not covered by TRIPS. This research explores a way in which the enforcement of IPRs falling outside TRIPS can be reconciled with obligations relating to the elimination of trade barriers under the General Agreement on Tariffs and Trade (GATT). The rationale is that TRIPS provides guidance as to the application of Article XX(d) GATT in relation to trade restrictive measures that enforce IPRs. This approach is applied in this article to determine whether, in granting protection to IP in clinical test data relating to biological pharmaceuticals, New Zealand complies with its obligations under the GATT, given that TRIPS does not recognize this IPR and does not provide for its protection.
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Santoso, Budi. "INTELLECTUAL PROPERTY RIGHTS (IPR) ASPECT IN THE FRANCHISE BUSINESS FORMAT". Jurnal Hukum dan Peradilan 8, n. 1 (30 marzo 2019): 106. http://dx.doi.org/10.25216/jhp.8.1.2019.106-122.

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In the franchise business, there are several aspects of IPR involved in it, such as trademark, copyright, patent either ordinary or simple, industrial design, and trade secrets. Each field of IPR has its own character and forms of legal protection that differ from one another, while the most basic aspects of IPR in the world of the franchise business, name brands and trade secrets. This study aims to analyze the correlation between aspects of Intellectual Property Rights and the franchise business format and which aspects of the IPR correlate with the format of the franchise business. The results show that the franchise agreement can be categorized as a principal agreement, involving the government, and the parties, while additional agreements, which are purely an agreement between the franchisor and the franchise, can be in the form of an agreement to maintain company secrets.
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Frein, Michael. "Die Globalisierung von Rechten an geistigem Eigentum und der Nord-Süd-Konflikt". PROKLA. Zeitschrift für kritische Sozialwissenschaft 32, n. 126 (1 marzo 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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Cruz, Maximiliano Santa, e Pedro Roffe. "A Review of Recent Developments at the Multilateral Level with Respect to Intellectual Property and the Pharmaceutical Industry". Journal of Generic Medicines: The Business Journal for the Generic Medicines Sector 6, n. 4 (agosto 2009): 323–31. http://dx.doi.org/10.1057/jgm.2009.23.

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The adoption in 1994 of the World Trade Organization's Agreement on Trade Related aspects of Intellectual Property Rights (TRIPS) meant the incorporation of intellectual property as an important component of the international trading system. It meant also an end to the exclusive treatment of intellectual property issues in the World Intellectual Property Organization (WIPO). TRIPS meant also, the end of the accepted practice of excluding pharmaceutical products and or processes from patent protection, a practice that was particularly important for developing countries. This note reviews recent developments at the multilateral level after the adoption of TRIPS, namely the adoption of the Declaration on the TRIPS Agreement and Public Health in 2001 and the subsequent decision to amend the TRIPS for the effective use of the compulsory licensing system; the adoption of the Development Agenda by the WIPO General Assembly in 2007 and related recent developments in WIPO; and finally the adoption of the Global strategy and plan of action on public health, innovation and intellectual property by the 61st World Health Assembly in 2008. One common feature of these developments is the attempt to bring some balance to the international intellectual property system that has been characterised by an upward tendency to strengthen private rights and their enforcement to the detriment of public interest considerations.
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Passos, Rogério Duarte Fernandes dos. "A propriedade intelectual na Convenção sobre Diversidade Biológica". Prisma Juridico 5 (25 febbraio 2008): 327–42. http://dx.doi.org/10.5585/prismaj.v5i0.618.

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Este artigo apresenta as disposições acerca de propriedade intelectual expressas na convenção da biodiversidade das Nações Unidas e em possíveis confrontos com outras disposições internacionais vigentes, especialmente as constantes dos acordos Trade Related Aspects of Intellectual Property Rights (TRIPs).
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Passos, Rogério Duarte Fernandes dos. "A propriedade intelectual na Convenção sobre Diversidade Biológica". Prisma Juridico 5 (25 febbraio 2008): 327–42. http://dx.doi.org/10.5585/prismaj.v5n0.618.

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Abstract (sommario):
Este artigo apresenta as disposições acerca de propriedade intelectual expressas na convenção da biodiversidade das Nações Unidas e em possíveis confrontos com outras disposições internacionais vigentes, especialmente as constantes dos acordos Trade Related Aspects of Intellectual Property Rights (TRIPs).
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Gervais, Daniel J. "(Re)implementing the Agreement on Trade-Related Aspects of Intellectual Property Rights to Foster Innovation". Journal of World Intellectual Property 12, n. 5 (settembre 2009): 348–70. http://dx.doi.org/10.1111/j.1747-1796.2009.00379.x.

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40

Roisah, Kholis. "Understanding Trade-Related Aspects of Intellectual Property Rights Agreement: From Hard and Soft Law Perspective". Hasanuddin Law Review 3, n. 3 (26 dicembre 2017): 277. http://dx.doi.org/10.20956/halrev.v3i3.1153.

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Trade-Related Aspects of Intellectual Property Rights (TRIPs) Agree-ment interesting to be understood in the perspective of hard law and soft law. TRIPs Agreement justified as hard or soft law by identifying the norms in the TRIPs agreement. Parameter obligation of TRIPs agreement visible implementation and enforcement of agreement norm with full compliance to fourth of the IPR Convention for the State parties is an indicator of unconditional obligation. Parameters precision TRIPS agreement showed formulation of general obligation setting up the implementation of treaty obligations is regulated in detail and the use of ”shall” term in any norm, describe the imperative norm character and shown indicator as substantial limited of interpretation with the parties might not interpreted. Parameter delegation looked explicitly provision of implementation and enforcement agreement that put an obligation on national authorities of state parties through domestic law and its courts. Parameter obligation, precision as well as delegation showed as high indicator that the TRIPs agreement characterized as hard law.
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de Chazournes, Laurence Boisson, e Rajan Dhanjee. "Trade-Related Aspects of Intellectual Property Rights (TRIPS): Objectives, Approaches and Basic Principles of the GATT and of Intellectual Property Conventions". Journal of World Trade 24, Issue 5 (1 ottobre 1990): 5–15. http://dx.doi.org/10.54648/trad1990029.

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42

Рогожин, S. Rogozhin, Сазанова e S. Sazanova. "Intellectual Property Rights: Institutional Approach". Administration 4, n. 1 (17 marzo 2016): 74–78. http://dx.doi.org/10.12737/18796.

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The authors consider the intellectual property rights from two points of view: legal theory and institutional economical theory. Contents of “intellectual property” and “intellectual rights” concepts have been revealed in this paper, and the necessity of their study has been justified not only from the legal point of view, but also from the economic one. The authors emphasize that the institutional economics in general and the economic theory of property rights, in particular, have a great potential in the study both of theoretical and practical aspects related to intellectual rights. According to the authors, it is the institutional approach which will create an effective legislation in this area.
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Holova, I. "SOME ASPECTS IN CALCULATING THE AMOUNT OF DAMAGES FOR VIOLATION OF RELATED RIGHTS". Criminalistics and Forensics, n. 64 (7 maggio 2019): 784–91. http://dx.doi.org/10.33994/kndise.2019.64.73.

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The article discusses the methodology for calculating the amount of material damage that is inflicted on the owners of related rights to distribute television programs (television companies and individuals who have acquired exclusive and non-exclusive property rights to distribute television programs). The legislative framework for economic examinations in the field of intellectual property is analyzed. The main cases of calculating the amount of damages depending on the category of the owner of related rights to broadcast TV channels are given. The calculation of the amount of material damage for the violation of related property rights to broadcast television channels is carried out for the period proven, as part of investigative actions, the time of violation. Usually, economic expertise in the field of intellectual property is preceded by a number of technical examinations, which are carried out by experts in the field of telecommunications in order to confirm the fact of illegal broadcasting of TV channels. According to paragraph 26 of the National Standard № 4 «Evaluation of Intellectual Property Rights», the amount of damages for illegal use of an object of intellectual property rights is determined as of the valuation date using the valuation procedure for accumulating profit (income) that the subject of the intellectual property right did not receive and / or the licensee, as a result of the illegal use of the object of intellectual property rights and, based on the volume of production and / or sale of counterfeit products. Now, in the field of broadcasting, the main media groups enter into licensing agreements for broadcasting with legal entities that represent their interests and conclude sublicensing agreements on their own behalf. They are of two types – with the transfer of an exclusive license to distribute programs using DVB-C / MITPIC / MMDS / TELESELO / analog network, IPTV, OTT and DTH and a non-exclusive license to distribute programs using DVB-C / MITPIC / MMDS / TELESELO / analog network, IPTV, OTT and DTH. In the case of the transfer of exclusive property rights to calculate the amount of material damage, the author considers it expedient to obtain information from the investigation (by sending a corresponding petition) under similar sub-licensing agreements with other providers, which are “similar” to the so-called company-violator. Consequently, the amount of material damage caused to the owner of related property rights, as a result of an illegal broadcast, is calculated as an arithmetic average of the amounts of similar sublicensing contracts, that is, using the procedure of income accumulation. If a legal entity applies to law enforcement agencies that owns non-exclusive proprietary rights to distribute programs using DVB-C / MITPIC / MMDS / TELESELO / analog network, IPTV, OTT and DTH, then Art. 1108 of the Civil Code of Ukraine “A non-exclusive license does not exclude the possibility for the licensor to use an object of intellectual property rights in an area that is limited by this license and to issue licenses to others to use this object in this area” So, according to the author, a legal entity that owns non-exclusive property rights does not bear material damage. Key words: exclusive license, nonexclusive license, material damage.
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Gurgenidze, Miranda, e Tamaz Urtmelidze. "Aspects of Compulsory Licensing in Patent Law". Works of Georgian Technical University, n. 1(519) (29 marzo 2021): 245–58. http://dx.doi.org/10.36073/1512-0996-2021-1-245-258.

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This issue is not new in international patent law. However, this institution was abolished in the Georgian legislation in 2010-2017 and its re-formulation has become active after it was put in the agenda in accordance with the provisions of Chapter IV (Intellectual Property Rights) of Chapter 4 (Intellectual Property Rights) between Georgia and the European Union and the European Union and their Member States. The necessity of fulfilling the undertaken liabilities and to bring the Georgian legislation in line with the above-mentioned agreement, as well as the aspects related to the intellectual property rights trade (TRIPS) and the EU legislation. The presented scientific article Aspects of Compulsory Licensing in Patent Law concerns with a topical issue such as mandatory licensing of a patented invention and / or utility model within the territory of Georgia without the permission of patent owner, which combines the principles of compulsory licensing, as well as the mentioned licensing procedures and procedure for issuing the compensation to the patent holder. The authors have studied the issues of compulsory licensing in Georgian patent law in this article, as well as the international agreements related to the issue of compulsory licensing themes. The introduction reviews the exclusive rights of the patent holder and the grounds for restricting those rights. The first chapter provides a legal analysis of the international agreements where we find the regulatory norms for involuntary / compulsory licensing of patents. The authors discuss the issues of compulsory licensing in the Georgian patent system in the second chapter. This problem is very relevant, interesting and innovative from the legal point of view, because with the issue of compulsory licensing, the rule of granting compensation to the patent owner is activated, which in itself is related to his property rights, and finally the main directions of the compulsory license that we find in the international patent and national system are reconciled and summarized.
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Kuznetsov, Mikhail, Viktor Ponka e Ivan Chumachenko. "Features of the protection of the intellectual property related to the military-industrial complex of Russia". SHS Web of Conferences 55 (2018): 02013. http://dx.doi.org/10.1051/shsconf/20185502013.

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An integral part of today’s cross-border civil and trade relations is cooperation and trade in the military-industrial complex. One of the key problems for the countries selling production of the military-industrial complex is the protection of the intellectual property rights in the field of defence industry. Russia, being one of the biggest arms exporters in the world, has accumulated an interesting experience of legal regulation of this problem. This article focuses on aspects of intellectual property protection in the sphere of military-industrial complex.
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46

Reichman, Jerome H. "Comment: Compulsory Licensing of Patented Pharmaceutical Inventions: Evaluating the Options". Journal of Law, Medicine & Ethics 37, n. 2 (2009): 247–63. http://dx.doi.org/10.1111/j.1748-720x.2009.00369.x.

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Few topics in international intellectual property law have been as controversial in recent years as the one we are about to examine. In the 1980s and early 1990s, a Diplomatic Conference attempted to revise the oldest international convention providing some protection for patented inventions outside of the domestic laws. Those efforts broke down, largely because developed and developing countries could not agree on the powers that governments should retain to issue compulsory licenses or on the grounds for which these powers could be exercised. The failure of this Conference, held under the auspices of the World Intellectual Property Organization (WIPO), persuaded the technology-exporting countries to link future negotiations concerning international intellectual property protection to the Multilateral Trade Negotiations, known as the Uruguay Round, which got underway in 1986. The end result was Annex IC of the Agreement Establishing the World Trade Organization of 1994, which incorporated a new, comprehensive and relatively elevated set of international minimum standards of patent protection into the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement).
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47

Picart, Caroline Joan S., Caroline Joan S. Picart e Marlowe Fox. "Beyond Unbridled Optimism and Fear: Indigenous Peoples, Intellectual Property, Human Rights and the Globalisation of Traditional Knowledge and Expressions of Folklore: Part II". International Community Law Review 16, n. 1 (3 febbraio 2014): 3–37. http://dx.doi.org/10.1163/18719732-12341269.

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Abstract In Part I of this two-part article, we explained why western assumptions built into intellectual property law make this area of law a problematic tool, as a way of protecting traditional knowledge (tk) and expressions of folklore (EoF) or traditional cultural expressions (tce) of indigenous peoples. Part II of this article aims to: 1) provide a brief review of the Convention on Biological Diversity (cbd) and the Nagoya Protocol, and examine the evolution of the intellectual property rights of indigenous peoples from the Agreement on Trade Related Aspects of Intellectual Property (trips Agreement) to the cbd to the Nagoya Protocol; and 2) examine possible core principles, inducted (rather than deduced) from actual practices already in place in the areas of patents, copyrights, and trademarks in relation to protecting tk and EoF. These explorations could allow for discussions regarding indigenous peoples, human rights and international trade law to become less adversarial.
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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, n. 2-3 (giugno 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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49

Jelisavac, Sanja. "International regulation of intellectual property rights". Medjunarodni problemi 56, n. 2-3 (2004): 279–303. http://dx.doi.org/10.2298/medjp0403279j.

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Intellectual property refers to creations of the mind: inventions, literary and works of art, as well as symbols, names, images, and designs that are used in commerce. Intellectual property is divided into two categories industrial property, which includes inventions (patents), trademarks industrial designs, and geographic indications of source; and copyright which includes literary and works of art such as novels, poems and plays films, musical works, works of art such as drawings, paintings, photographs and sculptures, and architectural designs. Rights related to copyright include those of performing artists in their performances, producers of phonograms in their recordings, and those of broadcasters in their radio and television programmes. 1883 marked the birth of the Paris Convention for the Protection of Industrial Property, the first major international treaty designed to help the people from one country obtain protection in other countries for their intellectual creations in the form of industrial property rights, known as: inventions (patents), trademarks, industrial designs. In 1886, copyright entered the international arena with the Berne Convention for the Protection of Literary and Artistic Works. The aim of this Convention was to help nationals of its member States obtain international protection of their right to control, and receive payment for the use of their creative works such as: novels, short stories, poems plays; songs, operas, musicals, sonatas; and drawings, paintings sculptures, architectural works. The Universal Copyright Convention (UCC) was adopted in 1952 and formalised in 1955, as a complementary agreement to the Berne Convention. The UCC membership included the United States, and many developing countries that did not wish to comply with the Berne Convention, since they viewed its provisions as overly favourable to the developed world. Patent Cooperation Treaty, signed on June 19,1970, provides for the filing of a single international patent application which has the same effect as national applications filed in the designated countries. An applicant seeking protection may file one application and request protection in as many signatory states as needed. On November 6, 1925, the Hague Agreement Concerning the International Deposit of Industrial Designs was adopted within the framework of the Paris Convention. Under the provisions of the Hague Agreement, any person entitled to effect an international deposit has the possibility of obtaining, by means of a single deposit protection for his industrial designs in a number of States with a minimum of formalities and of expense. The system of international registration of marks is governed by two treaties, the Madrid Agreement Concerning the International Registration of Marks, which dates from 1891, and the Protocol Relating to the Madrid Agreement that was adopted in 1989. It entered into force on December 1, 1995, and came into operation on April 1, 1996. The reason for adopting the much more recent Protocol, following the original Madrid Agreement of 1891 (last amended at Stockholm in 1967), was the absence from the Madrid Union of some of the major countries in the trademark field, for example, Japan, the United Kingdom, and the United States of America. The Protocol is intended to make the Madrid system acceptable to more countries. The Rome Convention consists basically of the national treatment that a State grants under its domestic law to domestic performances, phonograms and broadcasts. Apart from the rights guaranteed by the Convention itself as constituting that minimum of protection, and subject to specific exceptions or reservations allowed for by the Convention, performers, producers of phonograms and broadcasting organisations to which the Convention applies, enjoy in Contracting States the same rights as those countries grant to their nationals. The World Intellectual Property Organization (WIPO) is an international organisation dedicated to promoting the use and protection of works of the human spirit. These works, intellectual property, are expanding the bounds of science and technology and enriching the world of the arts. Through its work, WIPO plays an important role in enhancing the quality and enjoyment of life, as well as creating real wealth for nations. In 1974, WIPO became a specialised agency of the United Nations system of organisations, with a mandate to administer intellectual property matters recognised by the member states of the UN. With headquarters in Geneva, Switzerland, WIPO is one of the 16 specialised agencies of the United Nations system of organisations. It administers 21 international treaties dealing with different aspects of intellectual property protection. The Organisation counts 177 nations as member states. One of the successes of the Uruguay Round of trade negotiations was the Agreement on Trade-Related Aspects of Intellectual Property (TRIPS Agreement), which came into effect on 1 January 1995, and up to date it the most comprehensive multilateral agreement on intellectual property. The TRIPS Agreement is a minimum standards agreement, which allows Members to provide more extensive protection of intellectual property if they wish so. Members are left free to determine the appropriate method of implementing the provisions of the Agreement within their own legal system and practice On January 1, 1996, an Agreement Between the World Intellectual Property Organization and the World Trade Organization entered into force. It provides for cooperation concerning the implementation of the TRIPS Agreement, such as notification of laws and regulations and legal-technical assistance and technical co-operation in favour of developing countries. In the 21st century intellectual property will play an increasingly important role at the international stage. Works of the mind - intellectual property such as inventions, designs, trademarks, books, music, and films, are now used and enjoyed on every continent on the earth. In the new millennium international protection of intellectual property rights faces many new challenges; one of the most urgent is the need for states to adapt to and benefit from rapid and wide-ranging technological change, particularly in the field of information technology and the Internet.
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Yashar Aghamaliyeva, Sara. "Patent Hüquqlarının Tətbiqi və Dərman Vasitələrinin Əlçatanlığı Mövzusunda Beynəlxalq Müqavilələrin Rolu". SCIENTIFIC RESEARCH 10, n. 6 (27 giugno 2022): 35–38. http://dx.doi.org/10.36719/2789-6919/10/35-38.

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Abstract (sommario):
International recognition of intellectual property rights was achieved after adopting the Paris Convention for the Protection of Industrial Property and the Berne Convention for the Protection of Literary and Artistic Works. Afterward, the Agreement on Trade-Related Aspects of Intellectual Property Rights was adopted to establish minimum standards for the regulation of intellectual property by the national legislation of the member countries. On the other hand, there are international agreements, such as the United Nations Universal Declaration of Human Rights of 1948 and the United Nations International Covenant on Economic, Social, and Cultural Rights of 1966, which reflect the fundamental human rights as the right to health and right to access medicine. Key words: trips agreement, doha declaration, intellectual property law, patents, access to medicine Sara Yaşar qızıAğamalıyeva Patent Hüquqlarının Tətbiqi və Dərman Vasitələrinin Əlçatanlığı Mövzusunda Beynəlxalq Müqavilələrin Rolu Xülasə Əqli mülkiyyət hüquqlarının beynəlxalq müstəvidə tanınmasına Sənaye Mülkiyyətinin Mühafizəsi üzrə Paris Konvensiyasının və Ədəbi və Bədii Əsərlərin Qorunması haqqında Bern Konvensiyasının qəbulundan sonra nail olunmuşdur. Sonradan üzv ölkələrin milli qanunvericiliyində əqli mülkiyyət hüquqlarının tənzimlənməsinin minimum standartlarını müəyyən etmək məqsədilə TRIPS Sazişi qəbul edilmişdir. Digər tərəfdən isə, sağlamlıq hüququ və tibbə çıxış hüququ kimi əsas insan hüquqlarını özündə əks etdirən Birləşmiş Millətlər Təşkilatının 1948-ci il Ümumdünya İnsan Hüquqları Bəyannaməsi və Birləşmiş Millətlər Təşkilatının 1966-cı ildəki İqtisadi, Sosial və Mədəni Hüquqlar Haqqında Beynəlxalq Paktı kimi beynəlxalq müqavilələr mövcuddur. Açar sözlər: trips sözləşməsi, doha bəyannaməsi, əqli mülkiyyət hüququ, patent, dərman vasitələrinin əlyetərliyi
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