Accepting the notion that a positive right to use a trademark is implicitly recognized by the TRIPS Agreement would have systemic implications in the context of WTO. On the one hand, it would mean that the interpretative rules of the VCLT are replaced by expansive standards of interpretation and...

This paper examines the underlying principles and main elements of binding and non-binding international instruments relating to access and benefit-sharing of genetic resources. It discusses the gap left by the United Nations Convention on the Law of the Sea and some of the elements that might...

IP provisions in FTAs may have implications on a wide range of public policy areas. A vast academic literature has addressed the "flexibilities" available under the TRIPS Agreement and the negative impact of FTAs in relation to access to medicines. For example, the Special Rapporteur on the...

Despite the decline in the discovery of new chemical entities for pharmaceutical use, there is a significant proliferation of patents on products and processes that cover minor, incremental innovations. A study conducted in five developing countries - Argentina, Brazil, Colombia, India and South...