Srividhya Ragavan
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780199840670
- eISBN:
- 9780199949786
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199840670.003.0003
- Subject:
- Law, Intellectual Property, IT, and Media Law
This chapter explores the global trade regime, which viewed substantive equality as the first step towards true equality. It defines the terms substantive equality and barriers-to-trade, and then ...
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This chapter explores the global trade regime, which viewed substantive equality as the first step towards true equality. It defines the terms substantive equality and barriers-to-trade, and then studies the WTO as a tool to discourage protectionist policies of member states to achieve the goal of reducing barriers to international trade. It looks at IP rights and protection, which is administered by the World Intellectual Property Organization (WIPO), and even summarizes the Trade-Related Aspects of the Intellectual Property Rights (TRIPS) Agreement. This chapter concludes with a discussion on the Doha Declaration and its consequences for poorer nations.Less
This chapter explores the global trade regime, which viewed substantive equality as the first step towards true equality. It defines the terms substantive equality and barriers-to-trade, and then studies the WTO as a tool to discourage protectionist policies of member states to achieve the goal of reducing barriers to international trade. It looks at IP rights and protection, which is administered by the World Intellectual Property Organization (WIPO), and even summarizes the Trade-Related Aspects of the Intellectual Property Rights (TRIPS) Agreement. This chapter concludes with a discussion on the Doha Declaration and its consequences for poorer nations.
Edwin Cameron and Jonathan Berger
- Published in print:
- 2005
- Published Online:
- January 2012
- ISBN:
- 9780197263518
- eISBN:
- 9780191734021
- Item type:
- chapter
- Publisher:
- British Academy
- DOI:
- 10.5871/bacad/9780197263518.003.0012
- Subject:
- History, Cultural History
This lecture discusses how patent protection has been used in order to limit access to essential medicines. It considers how patents can be justified and shows how and why the ‘principle of balance’ ...
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This lecture discusses how patent protection has been used in order to limit access to essential medicines. It considers how patents can be justified and shows how and why the ‘principle of balance’ has been subverted by the discourse of property rights. This principle lies at the heart of patent protection. The lecture concludes with a consideration of the Declaration on the TRIPs agreement and public health, which is also known as the Doha Declaration. It also presents an analysis of the inaction on the part of developing country governments, which have largely failed to take advantage of the breakthrough achieved at Doha.Less
This lecture discusses how patent protection has been used in order to limit access to essential medicines. It considers how patents can be justified and shows how and why the ‘principle of balance’ has been subverted by the discourse of property rights. This principle lies at the heart of patent protection. The lecture concludes with a consideration of the Declaration on the TRIPs agreement and public health, which is also known as the Doha Declaration. It also presents an analysis of the inaction on the part of developing country governments, which have largely failed to take advantage of the breakthrough achieved at Doha.
Daniel W. Drezner
- Published in print:
- 2013
- Published Online:
- May 2013
- ISBN:
- 9780199970087
- eISBN:
- 9780199333295
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199970087.003.0013
- Subject:
- Political Science, International Relations and Politics
In recent years there has been a proliferation of international rules, laws, and institutional forms in world politics. Some policy makers, a fair number of international relations scholars, and many ...
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In recent years there has been a proliferation of international rules, laws, and institutional forms in world politics. Some policy makers, a fair number of international relations scholars, and many international lawyers posit that these trends will lead to more rule-based outcomes in world politics. This chapter suggests a contrary position: institutional thickness paradoxically weakens global governance structures. Institutional proliferation erodes the causal pathways through which regimes ostensibly strengthen international cooperation. After a certain point, therefore, the proliferation of regimes shifts global governance from rule-based outcomes to power-based outcomes. To demonstrate these effects, the chapter examines two cases: the aftermath of the 2001 Doha Declaration on intellectual property rights and public health, and recent efforts to create a WMD interdiction regime that permits the boarding of ships on the high seas. These cases show that state power can break down “viscosity” within global governance structures.Less
In recent years there has been a proliferation of international rules, laws, and institutional forms in world politics. Some policy makers, a fair number of international relations scholars, and many international lawyers posit that these trends will lead to more rule-based outcomes in world politics. This chapter suggests a contrary position: institutional thickness paradoxically weakens global governance structures. Institutional proliferation erodes the causal pathways through which regimes ostensibly strengthen international cooperation. After a certain point, therefore, the proliferation of regimes shifts global governance from rule-based outcomes to power-based outcomes. To demonstrate these effects, the chapter examines two cases: the aftermath of the 2001 Doha Declaration on intellectual property rights and public health, and recent efforts to create a WMD interdiction regime that permits the boarding of ships on the high seas. These cases show that state power can break down “viscosity” within global governance structures.
Bryan Mercurio
- Published in print:
- 2016
- Published Online:
- January 2017
- ISBN:
- 9780198778257
- eISBN:
- 9780191823763
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198778257.003.0025
- Subject:
- Law, Public International Law
The TRIPS Agreement significantly altered the landscape relating to pharmaceutical patents but its impact has been far less substantial than proponents hoped for or critics feared. This chapter ...
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The TRIPS Agreement significantly altered the landscape relating to pharmaceutical patents but its impact has been far less substantial than proponents hoped for or critics feared. This chapter reviews the promise, expectations, and worries of and about the TRIPS, focusing on claims that TRIPS will improve protection of Intellectual Property Rights and decrease counterfeits, boost innovation, and result in or even cause a public health crisis. Moreover, this chapter evaluates some of the more interesting unsolved issues such as the scope and limits of jurisdictions to determine standards of patentability and perimeters of compulsory licencing, the consistency of seizing medicines in transit with the TRIPS, the increasing presence of TRIPS-Plus provisions in bilateral and regional trade and international investment agreements, and—perhaps the largest unresolved challenge—how the WTO and its Members can contribute to increasing access to medicines and improving global health throughout the developing world.Less
The TRIPS Agreement significantly altered the landscape relating to pharmaceutical patents but its impact has been far less substantial than proponents hoped for or critics feared. This chapter reviews the promise, expectations, and worries of and about the TRIPS, focusing on claims that TRIPS will improve protection of Intellectual Property Rights and decrease counterfeits, boost innovation, and result in or even cause a public health crisis. Moreover, this chapter evaluates some of the more interesting unsolved issues such as the scope and limits of jurisdictions to determine standards of patentability and perimeters of compulsory licencing, the consistency of seizing medicines in transit with the TRIPS, the increasing presence of TRIPS-Plus provisions in bilateral and regional trade and international investment agreements, and—perhaps the largest unresolved challenge—how the WTO and its Members can contribute to increasing access to medicines and improving global health throughout the developing world.
Prashant Reddy T. and Sumathi Chandrashekaran
- Published in print:
- 2017
- Published Online:
- March 2017
- ISBN:
- 9780199470662
- eISBN:
- 9780199088850
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199470662.003.0003
- Subject:
- Law, Intellectual Property, IT, and Media Law
The signing of the World Trade Organisation (WTO) Agreement at Marrakesh in 1994 marked the beginning of a new international IP regime. As per Article 27 of the Agreement on Trade-Related ...
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The signing of the World Trade Organisation (WTO) Agreement at Marrakesh in 1994 marked the beginning of a new international IP regime. As per Article 27 of the Agreement on Trade-Related Intellectual Property Rights (TRIPS), no member could discriminate among different technologies under their domestic patent law. India was, therefore, under an obligation to amend its domestic patent law to once again recognize pharmaceutical patents. After an initial failure to amend its domestic law, India was sued by the US and EU before the Dispute Settlement Body (DSB) of the WTO. Under the threat of WTO-authorised trade sanctions, India began the process of amending its patent law over three phases. This chapter explains the stormy decade between the signing of the Marrakesh Agreement and the enactment of the Patent (Amendment) Act, 2005 which finally recognized pharmaceutical patents with the caveat of Section 3(d).Less
The signing of the World Trade Organisation (WTO) Agreement at Marrakesh in 1994 marked the beginning of a new international IP regime. As per Article 27 of the Agreement on Trade-Related Intellectual Property Rights (TRIPS), no member could discriminate among different technologies under their domestic patent law. India was, therefore, under an obligation to amend its domestic patent law to once again recognize pharmaceutical patents. After an initial failure to amend its domestic law, India was sued by the US and EU before the Dispute Settlement Body (DSB) of the WTO. Under the threat of WTO-authorised trade sanctions, India began the process of amending its patent law over three phases. This chapter explains the stormy decade between the signing of the Marrakesh Agreement and the enactment of the Patent (Amendment) Act, 2005 which finally recognized pharmaceutical patents with the caveat of Section 3(d).
