The range and effects of art. 7 and 8 of Trips are not clear to this moment. According to the Appellate Body of WTO, in the Canada Generics case, those Articles still await appropriate interpretation.This author's contention is that the ensemble of such provisions may be held to function on a...

Market economies historically led the stimulus to creation to a model where the author has an exclusive right to exploit economically its work. Such exclusiveness is however "artificial", as long as the information, once effected to the public, naturally spreads out without inherent constraints,...

The matter of RAND or FRAND licences in connection to patents deemed to be essential to the establishment of some technical standards, and subject to the rules of some Standard Setting Organizations (SSO) is a much discussed legal issue. At this moment this theme is reviewed by the courts of a...

From the point of view contemporaneous to the first negotiation rounds of TRIPs, the aim of all exercise was to eliminate national diversity in the IP field. Diversity here is essentially the power to set the pace of IPR impact in each specific economy and culture. Ten years from the inception...

This study intends to cover a specific portion of the ACTA draft agreement, specifically those provisions pertaining to the border measures and other enforcement not related to the Internet environment. Its first segment provides a very brief identification of our object of analysis. The...

The Brazilian Government has just drafted a bill amending the Plant Variety Protection ("PVP") Statute passed in 1997. This amendment represents a significant re-thinking of the system, in a divorce of sorts from the Brazilian original standpoint following the implementation of TRIPs...