The patenting of biotechnological inventions potentially affects human rights in a number of ways. Human rights to identity and the practice of religion may be affected by the availability of patents on genetically modified human beings (or elements of the human body). Patents as mechanisms for...

We are considering the relationship between human rights and trade-related aspects of intellectual property rights (TRIPS). Intellectual property rights (IPRs) have always reflected a balancing of general public interests and private stakeholder interests, and in this sense IPRs take into...

This paper addresses a World Trade Organization (WTO) dispute settlement remedy commonly known as 'cross-retaliation', and specifically the mechanism by which a WTO Member can suspend concessions in the field of trade-related intellectual property rights (TRIPS) to redress an injury suffered...

The optimal approach to creating and maintaining an equitable balance in the international IPRs system will likely involve a combination of approaches. The goal of the international IPRs system should be to promote innovation, while protecting against the continuation and exacerbation of a stark...

The Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS Agreement”) is the first WTO agreement requiring Members to establish a relatively detailed set of substantive norms within their national legal systems, as well as requiring them to establish enforcement measures...

This chapter addresses the interface between health and intellectual property (IP). The chapter provides an introduction to the forms of IP principally as they relate to health products, and describes the international legal framework in which IP is situated. It addresses the ways in which IP...