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The Impact of the Trade Related Aspects of Intellectual Property Rights Agreement (TRIPs) Agreement) on the Realization of the Right to Food

The Impact of the Trade Related Aspects of Intellectual Property Rights Agreement (TRIPs) Agreement) on the Realization of the Right to Food
Author: Tilahun Hindeya
Publisher:
Total Pages: 0
Release: 2014
Genre:
ISBN:

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The incorporation of a strong intellectual property regime under the Trade Related Aspects of Intellectual Property Rights Agreement (TRIPS Agreement) and the consequences of its implementations mostly for developing countries has become an issue of much concern. The implementations of the agreement can have serious repercussions on the realization of some human rights. The purpose of this paper is to examine the impact of the TRIPS Agreement on the human right to food. The obligation of states under international human rights law concerning the right to food is discussed in the first section of this paper. This is followed by comprehensive analysis of the TRIPS Agreement as affecting the right to food. In this paper it is argued that the policy space necessary for many developing countries to undertake obligations related to the right to food in international human rights law is limited by intellectual property rights embodied under the TRIPS Agreement. Finally, the paper proposes bringing the TRIPS Agreement in conformity with the obligations of countries in international human rights law concerning the right to food.


The TRIPS Agreement, Sustainable Development and the Public Interest

The TRIPS Agreement, Sustainable Development and the Public Interest
Author: Simon Walker
Publisher: IUCN
Total Pages: 75
Release: 2001
Genre: Agreement on Trade-Related Aspects of Intellectual Property Rights
ISBN: 2831706041

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This work addresses the environmental and developmental impacts of patent protection by focusing on the global agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). While the TRIPS agreement serves as an important step in harmonizing international intellectual property systems, the author contends that it currently fails to properly balance public and private interests, especially in the gap between rich and poor.


Intellectual Property and International Trade

Intellectual Property and International Trade
Author: Carlos M. Correa
Publisher:
Total Pages: 536
Release: 2008
Genre: Law
ISBN:

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Now into its second decade, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) continues to meet challenges raised by ongoing technological changes as it affirms an increasing degree of latitude to national authorities in its implementation. Important developments and controversies witnessed in the nine years since the first edition of this much-welcomed treatise include issues of public health, implications of the Agreement on the realization of human rights, and continuous debates on geographic indications and the appropriation of genetic resources. This second edition incorporates the analysis of key provisions of the Agreement resulting from dispute settlement procedures under WTO rules.


Trade Related Aspects of Intellectual Property Rights

Trade Related Aspects of Intellectual Property Rights
Author: Carlos Maria Correa
Publisher: Oxford Commentaries on Interna
Total Pages: 593
Release: 2020-07-18
Genre: Business & Economics
ISBN: 0198707215

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The TRIPS Agreement is the most comprehensive and influential international treaty on intellectual property rights. It brings intellectual property rules into the framework of the World Trade Organization, obliging all WTO Member States to meet minimum standards of intellectual property protection and enforcement. This has required massive changes in some national laws, particularly in developing countries. This volume provides a detailed legal analysis of the provisions of the TRIPS Agreement, as well as elements to consider their economic implications in different legal and socio-economic contexts. This book provides an in depth analysis of the principles and of the substantive and enforcement provisions of the TRIPS Agreement, the most influential international treaty on intellectual property currently in force. It discusses the legal context in which the Agreement was negotiated, the objectives of their proponents and the nature of the obligations it created for the members of the World Trade Organization. In particular, it examines the minimum standards that must be implemented with regard to patents, trademarks, industrial designs, geographical indications, copyright and related rights, integrated circuits, trade-secrets and test data for pharmaceutical and agrochemical products. Trade Related Aspects of Intellectual Property Rights: A Commentary on the TRIPS Agreement elaborates on the interpretation of provisions contained in said Agreement, in the light of the customary principles for the interpretation of international law. The analysis -which is supported by a review of the relevant GATT and WTO jurisprudence- identifies the policy space left to such members to implement their obligations in accordance with their own legal systems and public policy objectives, including in respect of complex issues such as patentability criteria, compulsory licenses, exceptions and limitations to copyright, border measures, injunctive relief and the protection of test data under the discipline of unfair competition.


The General Exception Clauses of the TRIPS Agreement

The General Exception Clauses of the TRIPS Agreement
Author: Edson Beas Rodrigues, Jr
Publisher: Cambridge University Press
Total Pages: 401
Release: 2012-04-12
Genre: Law
ISBN: 1107379369

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The general exception clauses of the TRIPS Agreement of the World Trade Organization permit exceptions to copyrights and to the rights conferred by trademarks, industrial designs and patents. These clauses are intended to facilitate access to diverse forms of proprietary knowledge and therefore foster the interdependent pillars of sustainable development: economic progress, realization of human rights and the conservation of the environment. In this book, Edson Beas Rodrigues, Jr argues that the TRIPS Agreement, in its current configuration, does not hinder the establishment of exceptions to intellectual property rights, devised to promote vital socioeconomic interests such as the freedom to carry out creative and inventive activities, freedom of expression, the strengthening of free competition, and increased access to educational materials by underprivileged students and to technical knowledge for humanitarian purposes.


Agreement Between the World Intellectual Property Organization and the World Trade Organization (1995)

Agreement Between the World Intellectual Property Organization and the World Trade Organization (1995)
Author: World Intellectual Property Organization
Publisher: WIPO
Total Pages: 170
Release: 1996
Genre: Agreement on Trade-Related Aspects of Intellectual Property Rights
ISBN: 9789280506402

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Provisions mentioned in the TRIPS Agreement of the Paris Convention (1967), the Berne Convention (1971), the Rome Convention (1961), the Treaty on Intellectual Property in Respect of Integrated Circuits (1989), the General Agreement on Tariffs and Trade 1994 (GATT) and the WTO Dispute Settlement Understanding (1994).


Interpreting and Implementing the TRIPS Agreement

Interpreting and Implementing the TRIPS Agreement
Author: Justin Malbon
Publisher: Edward Elgar Publishing
Total Pages: 201
Release: 2008-01-01
Genre: Law
ISBN: 1848442866

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The chapters in this volume provide insightful analysis and commentary on TRIPS and, importantly, the TRIPS Plus world that many countries operate in. . . This is a fine contribution to the growing literature of interdisciplinary analyses of the global IP regime. . . there is enough in here that makes the book worth acquiring and reading. Scholars of development more generally will find this book to be useful both for advancing their own understanding of the global IP regime and for integrating IP into broader development studies courses they teach. Kenneth C. Shadlen, Progress in Development Studies This book considers whether the WTO agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) will become a vehicle for promoting greater international equity and engagement with the world economy or a tool for wealthy nations to extract excessive rents from poorer countries. Can TRIPS garner the necessary degree of legitimacy and public trust to deliver economic development? Can it become a key instrument for promoting international health and development? In response to these questions, the book proposes interpretive possibilities for the TRIPS text along with implementation strategies to avoid the threat of its irrelevancy due, amongst other things, to free trade agreements containing TRIPS-plus terms. The book discusses the impact of TRIPS from various perspectives, including those of developing countries. It will be of interest to informed citizens, members of NGOs and students and academics concerned with the debate about the impact of TRIPS on access to medicines at affordable prices, the protection of traditional knowledge, and the alleged neo-colonial effect of net revenue outflows from developing nations to developed nations for copyright and patent royalties.


Trade Related Aspects of Intellectual Property Rights

Trade Related Aspects of Intellectual Property Rights
Author: Carlos María Correa
Publisher:
Total Pages: 573
Release: 2007
Genre: Agreement on Trade-Related Aspects of Intellectual Property Rights
ISBN: 9780191773341

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"The TRIPS agreement which was adopted in 1994 is the most comprehensive and influential international treaty on intellectual property rights. This volume provides a detailed legal analysis of its provisions, as well as the jurisprudence already being developed in the context of the World Trade Organisation."--[Source inconnue].


From GATT to TRIPs

From GATT to TRIPs
Author: Friedrich-Karl Beier
Publisher: Wiley-VCH
Total Pages: 512
Release: 1996-09-26
Genre: Business & Economics
ISBN:

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The "Agreement on Trade-Related Aspects of Intellectual Property Rights" of 1994 constitutes a milestone in the international protection of these rights and the most far-reaching agreement to follow upon the venerable Paris and Berne Conventions. Under the aegis of the newly established World Trade Organization, international intellectual property protection has for the first time been linked to trade policy issues. The TRIPs Agreement also obliges its Members as regards the enforcement of rights and dispute settlement. This volume in the IIC Studies series undertakes a comprehensive analysis of all the fields of industrial and intellectual property law regulated and affected by TRIPs. It is an indispensable tool for lawyers, practitioners and scholars in this area.