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Interpreting TRIPS : Globalisation of Intellectual Property Rights and Access to Medicines.
2011
F 630 YAM.I
Available at WIPO Library
Items
Details
Title
Interpreting TRIPS : Globalisation of Intellectual Property Rights and Access to Medicines.
Author
Edition
First edition.
Item Type
Book
Description
582 pages.
ISBN
9781847316332 electronic book
9781841139531 Print
9781841139531 Print
Alternate Call Number
F 630 YAM.I
Summary
Protection of intellectual property rights (IPRs) has become a global issue. The Trade-Related Aspects of Intellectual Property (TRIPS) Agreement outlines the minimum standards for IPR protection for WTO members and offers a global regime for IPR protection. However, the benefits of TRIPS are more questionable in poorer countries where national infrastructure for research and development (R & D) and social protection are inadequate, whereas the cost of innovation is high. Today, after more than a decade of intense debate over global IPR protection, the problems remain acute, although there is also evidence of progress and cooperation. This book examines various views of the role of IPRs as incentives for innovation against the backdrop of development and the transfer of technology between globalised, knowledge-based, high technology economies. The book retraces the origins, content and interpretations of the TRIPS Agreement, including its interpretations by WTO dispute settlement organs. It also analyses sources of controversy over IPRs, examining pharmaceutical industry strategies of emerging countries with different IPR policies. The continuing international debate over IPRs is examined in depth, as are TRIPS rules and the controversy about implementing the ‘flexibilities’ of the Agreement in the light of national policy objectives. The author concludes that for governments in developing countries, as well as for their business and scientific communities, a great deal depends on domestic policy objectives and their implementation. IPR protection should be supporting domestic policies for innovation and investment. This, in turn requires a re-casting of the debate about TRIPS, to place cooperation in global and efficient R & D at the heart of concerns over IPR protection.
Note
Description based upon print version of record.
Formatted Contents Note
Foreword – Acknowledgements
Table of Cases
Table of Legislation
Introduction
Part I. Background
Chapter 1. Innovation Incentives
Chapter 2. International IP Cooperation and Developing Country Perspectives
Chapter 3. Biotech Inventions and Patentable Subject Matter
Part II. The TRIPS Agreement
Chapter 4. Uruguay Round Negotiations and the Adoption of TRIPS
Chapter 5. The TRIPS Agreement de Lege Lata: The Outline
Chapter 6. Various Methods of Interpretation: WTO Agreements and the Vienna Convention on the Law of Treaties
Chapter 7. TRIPS Provisions as Interpreted by the WTO Dispute Settlement Organs
Part III. Access to Medicines
Chapter 8. The AIDS Epidemic and TRIPS
Chapter 9. Doha Declaration and Beyond
Part IV. IP and Industrial Policies
Chapter 10. Emerging Economies’ IP and Industrial Policies
Chapter 11. Pharmaceutical Industries, R & D and Public Health in Emerging Economies
Part V. TRIPS Flexibilities and National Implementation
Chapter 12. TRIPS Flexibilities and National Implementation: (1) Patentable Subject Matter and Patentability Requirements
Chapter 13. TRIPS Flexibilities and National Implementation: (2) Protection of Test Data Submitted to Regulatory Authorities
Chapter 14. ‘TRIPS Plus’ Provisions in US Free Trade Agreements
Part VI. Interpreting TRIPS for Innovation
Chapter 15. Recasting the Debate on Intellectual Property Rights
Index
Table of Cases
Table of Legislation
Introduction
Part I. Background
Chapter 1. Innovation Incentives
Chapter 2. International IP Cooperation and Developing Country Perspectives
Chapter 3. Biotech Inventions and Patentable Subject Matter
Part II. The TRIPS Agreement
Chapter 4. Uruguay Round Negotiations and the Adoption of TRIPS
Chapter 5. The TRIPS Agreement de Lege Lata: The Outline
Chapter 6. Various Methods of Interpretation: WTO Agreements and the Vienna Convention on the Law of Treaties
Chapter 7. TRIPS Provisions as Interpreted by the WTO Dispute Settlement Organs
Part III. Access to Medicines
Chapter 8. The AIDS Epidemic and TRIPS
Chapter 9. Doha Declaration and Beyond
Part IV. IP and Industrial Policies
Chapter 10. Emerging Economies’ IP and Industrial Policies
Chapter 11. Pharmaceutical Industries, R & D and Public Health in Emerging Economies
Part V. TRIPS Flexibilities and National Implementation
Chapter 12. TRIPS Flexibilities and National Implementation: (1) Patentable Subject Matter and Patentability Requirements
Chapter 13. TRIPS Flexibilities and National Implementation: (2) Protection of Test Data Submitted to Regulatory Authorities
Chapter 14. ‘TRIPS Plus’ Provisions in US Free Trade Agreements
Part VI. Interpreting TRIPS for Innovation
Chapter 15. Recasting the Debate on Intellectual Property Rights
Index
Available in Other Form
Print version: Yamane, Hiroko Interpreting TRIPS : Globalisation of Intellectual Property Rights and Access to Medicines Oxford : Bloomsbury Publishing,c2011
Linked Resources
Published
Oxford : Bloomsbury Publishing, 2011.
Language
English
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