From the standpoint of developing countries, the possibility of non- violation causes of action being brought under the TRIPS Agreement would give rise to serious risks. In the India-Mailbox decision, in which the Appellate Body (AB) first interpreted the TRIPS Agreement, it stressed reliance on...

The First Report on Parallel Imports approaches the exhaustion/parallel imports question in broad economic terms, asking whether there may be an economic and social welfare benefit to permitting IPRs holders to block parallel imports that outweighs the potential harm to liberal trade. The Report...

This special issue on trade-related aspects of intellectual property rights (TRIPS) is introduced with a perspective that focuses on the urgency of narrowing the gap in living standards between the rich nations and the poor. The 1997/98 world economic crisis highlights the question of whether...

In connection with the run-up to the Cancun Ministerial Conference, the author was asked whether there are grounds for recommending amendment of WTO TRIPS Agreement rules addressing competition. The general conclusion of the study is that the TRIPS Agreement in its present form provides...

This chapter reflects on the evolution of competition law jurisprudence regarding the excessive pricing of pharmaceutical products, and suggests areas where improvements might be considered. This includes, first, establishing per se rules regarding pricing increases that might be considered...

The entry into force of the World Trade Organization (WTO) TRIPS Agreement in 1995 transformed the international intellectual property system. The harmonization of basic intellectual property standards has operated to protect investment in innovation, limiting risks from unjustified 'free...

This contribution will focus on the legal system of the United States and will consider the recent bias of the U.S. Congress toward according a non-self-executing character to RIMs to which the United States has become party. It will also consider the theoretical case for according a...

The WTO has just finished two and one half years of negotiations on the TRIPS Agreement and Public Health, with an additional tranche of negotiations scheduled to commence soon. These negotiations have been extraordinarily instructive on the subject of trade diplomacy and the means by which ends...

The wheel of the global medicines supply market is broken, but proposals for fixing it are at very early stages. The patent is an instrument designed to aggregate production capital, and for some product sectors the patent may be the best means for promoting the introduction of new products. But...