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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).


Resource Book on TRIPS and Development

Resource Book on TRIPS and Development
Author:
Publisher: Cambridge University Press
Total Pages: 852
Release: 2005-04-07
Genre: Law
ISBN: 9780521850445

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It is a guide to the WTO's Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).


A Neofederalist Vision of TRIPS

A Neofederalist Vision of TRIPS
Author: Graeme B. Dinwoodie
Publisher: Oxford University Press, USA
Total Pages: 282
Release: 2012-05-31
Genre: Law
ISBN: 0195304616

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The TRIPS Agreement (Agreement on Trade-Related Aspects of Intellectual Property Rights), introduced intellectual property protection into the World Trade Organization's multilateral trading system for the first time. This book examines its interpretation, its impact on the creative environment, and much more.


The Making of the TRIPS Agreement

The Making of the TRIPS Agreement
Author: Jayashree Watal
Publisher:
Total Pages: 0
Release: 2015
Genre: Agreement on Trade-Related Aspects of Intellectual Property Rights
ISBN: 9789287042330

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A comprehensive account of the establishment of the World Trade Organization, focusing on those who shaped its creation as well as those who have influenced its evolution. The book examines trade negotiations, the WTO's dispute settlement role, the presence of coalitions and groupings within the WTO, the process of joining the organization and many other topics, including what lies ahead for the organization.