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This paper revisits the question of whether global welfare is higher under a uniform world-wide system of …
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The grant of monopoly patent protection is justified normally as a means for giving incentive for innovation. Market … market patent system may be said to fail individuals in developing countries in regards to both focus and access; as no … to the patent system, and arrives at a new alternative that is based upon market reward and the retention of …
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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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The World Trade Organization (WTO) linked intellectual property protection with trade. The WTO Agreement on Trade … to provide latitude to the Member States to tailor their national patent laws to fit their individual needs. In 2001, the … the lead role in enacting the TRIPS Agreement's substantive and procedural patent flexibilities by introducing unique …
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patent infringement, particularly if “reasonable compensation” is offered in the form of an “ongoing royalty” or an “interim … pharmaceutical regulatory approvals to the patent system and imposing stays of such approvals normally avoid the need for such …
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