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India's trade-related aspects of Intellectual Property Rights (TRIPS) compliant Patent (Amendment) Act 2005 saw the … instance of success of the TRIPS provisions in Articles 7 and 8 read along with the Doha Declaration. It will be queried if …
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This chapter discusses whether foreign investors, specifically pharmaceutical companies, could challenge India's regulatory measures that impact their patents under India's BITs. More specifically, the paper will focus on whether regulatory measures such as compulsory licensing of pharmaceutical...
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Agreement on Trade Related Aspects of Intellectual Property (TRIPS) was adopted in 1995 as one of the agreements under the World … Trade Organization (WTO). In 2001, WTO Members emphasised that the "TRIPS Agreement does not and should not prevent Members … to the flexibilities in the TRIPS Agreement and many developing countries used these flexibilities to facilitate access …
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