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national incentives for patent protection? What is the rationale for international coordination over patent policies? Given … support the major arguments for and against the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS …)? Finally, can the structure of TRIPS—both in terms of the core obligations it imposes on the WTO members and the flexibilities …
Persistent link: https://www.econbiz.de/10014023447
Under Articles 31 and 31bis of the TRIPS Agreement, WTO members may validly sanction the use of a patented invention … without the patent owner's authorization by issuing a compulsory license (CL). In the pharmaceuticals space, governments have … before patent expiry, increasing the supply and reducing the price of patented pharmaceuticals domestically. This paper …
Persistent link: https://www.econbiz.de/10013469578
background, it examines the viability under the Agreement on Trade-related Aspects of Intellectual Property Rights (the TRIPS … Agreement) of an exception allowing for the manufacture and export of patent-protected products. It concludes that such an … consistent with Article 30 of the TRIPS Agreement if read in accordance with the principles of interpretation of customary …
Persistent link: https://www.econbiz.de/10013257977
The major bone of contention between the developed and developing countries in the TRIPS negotiations was patents for … TRIPS Agreement ordained patents for inventions "in all fields of technology". While the genie was out of the bottle in the … health. However, there was uncertainty with respect to the interpretation of TRIPS agreement, scope of the flexibilities and …
Persistent link: https://www.econbiz.de/10013393634
extreme urgency" within the meaning of Article 31(b) of the TRIPS Agreement. Some legislations, such as European competition …
Persistent link: https://www.econbiz.de/10014541546
five factors describe the phenomena largely responsible for the current mass extinction event, and patent law offers … valuable assistance in combating each one. Though it cannot offer a complete solution to the biodiversity crisis, the patent … system can offer powerful tools to help save biodiversity. On first inspection, patent law might appear an unlikely ally for …
Persistent link: https://www.econbiz.de/10014196348
This dialogue, between a philosopher and a lawyer, dramatizes the economic analysis of intellectual property critically. To start, with a stylized example of such property, it illustrates problems that the law has to address as cultural goods, such as works and inventions, tend to become public...
Persistent link: https://www.econbiz.de/10014130993
Public lawmakers have inadequate and misaligned incentives to engage in legal innovation. Private lawmaking is offered as a potential solution to this problem. However, private lawmaking faces a dilemma: In order to be effective, the cost-reducing standard forms produced by private lawdrafters...
Persistent link: https://www.econbiz.de/10014174058
In the platform age, copyright-protected contents are primarily disseminated over the internet. This model poses various challenges to the copyright regime that was mainly designed in and for the analog age. One of these challenges is related to the fair balance between the interests of...
Persistent link: https://www.econbiz.de/10013220201
This contains the basic rules of procedure in filing cases for violation of intellectual property rights. Jurisprudence on infringement of patents, trademarks/tradenames and copyrights are also discussed
Persistent link: https://www.econbiz.de/10014143056