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The TRIPS Agreement Article 73 Security Exceptions and the COVID-19 Pandemic

Abbott, Frederick M. - 2020

how WTO Member States may invoke Article 73 (“Security Exceptions”) of the TRIPS Agreement as the legal basis for …

Persistent link: https://www.econbiz.de/10012824544

Harmonization without Consensus : Critical Reflections on Drafting a Substantive Patent Law Treaty

Reichman, Jerome H.; Dreyfuss, Rochelle Cooper - 2013

In this Article, we contend that the World Intellectual Property Organization's proposed Substantive Patent Law Treaty … protection required by the TRIPS Agreement of 1994. With TRIPS, at least, these countries obtained side payments (in the form of … shrink the remaining flexibilities in the TRIPS Agreement with no side payments and no concessions to the catch-up strategies …

Persistent link: https://www.econbiz.de/10014222864

Solidarity as a Practical Craft : Cohesion and Cooperation in Leveraging Access to Medical Technologies within and Beyond the Trips Agreement

Taubman, Antony Scott - 2022

The COVID-19 pandemic has precipitated an unprecedented call for global solidarity that included a proposal to waive key obligations under the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights. The governance of intellectual property in a global health crisis entails...

Persistent link: https://www.econbiz.de/10014242547

After MCM, a Second Look : Article I Invalidation of Issued Patents for Intellectual Property Still Likely Unconstitutional After Stern v. Marshall

Rothwell, Michael - 2017

In March 2012, “Patents and Public Rights: The Questionable Constitutionality of Patents before Article I Tribunals After Stern v. Marshall” published in the North Carolina Journal of Law and Technology. Since the article’s publication, its arguments, or permutations of its arguments, have...

Persistent link: https://www.econbiz.de/10014121627

Government Policy Towards Innovation in the United States, Canada, and the European Union as Manifested in Patent, Copyright and Competition Laws

Gifford, Daniel J. - 2012

This paper examines a number of government policies related to competition or intellectual property and affecting innovation for their welfare effects. Its premise is that the enhancement of social welfare is included among the purposes of competition and intellectual-property laws. It also...

Persistent link: https://www.econbiz.de/10014072670

Do European Computer-Related Patents Increase Welfare?

Weiss, Pia - 2004

When the home country introduces a patent law after the winner of the patent race is known the country's welfare may rise only if the domestic firm wins. If the home country decides before the patent race ends, the welfare may be increased when the probability that the domestic firm wins is...

Persistent link: https://www.econbiz.de/10014069471

The quality factor in patent systems

van Pottelsberghe de la Potterie, Bruno - 2010

This paper develops a methodology to compare the quality of examination services in different patent offices. Quality is defined as the extent to which patent offices comply with their patentability conditions in a transparent way. The methodology consists of a two-layer analytical framework...

Persistent link: https://www.econbiz.de/10010317295

Beyond Patents : Protecting Drugs Through Regulatory Laws

Ho, Cynthia M. - 2015

included in FTAs that impose TRIPS-Plus requirements. Because these protections may be additional hurdles to generic …

Persistent link: https://www.econbiz.de/10014177280

Second Report (Final) to the Committee on International Trade Law of the International Law Association on the Subject of the Exhaustion of Intellectual Property Rights and Parallel Importation

Abbott, Frederick M. - 2011

Study of trade-related aspects of intellectual property rights (TRIPS) has formed an integral part of the work program … 1997 meeting at the headquarters of the World Intellectual Property Organization (WIPO) in Geneva, the Committee considered … efficient allocation of productive resources in the world trading system, and that it would advance the interests of developing …

Persistent link: https://www.econbiz.de/10014178000

First-to-Invent Versus First-to-File : International Patent Law Harmonization and Innovation

Miyagiwa, Kaz - 2015

The U.S. has been under pressure to abandon the unique first-to-invent feature of its patent law for awarding patents. The opposition to reform however argues that switch to a first-to-file rule, the international norm, will undermine innovation. We evaluate this argument in a dynamic stochastic...

Persistent link: https://www.econbiz.de/10014221708