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Health Technologies And International Intellectual Property Law

Author: Phoebe Li
Publisher: Routledge
ISBN: 1135916772
Size: 56.14 MB
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The global transmission of infectious diseases has fuelled the need for a more developed legal framework in international public health to provide prompt and specific guidance during a large-scale emergency. This book develops a means for States to take advantage of the flexibilities of compulsory licensing in the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which promotes access to medicines in a public health emergency. It presents the precautionary approach (PA) and the structure of risk analysis as a means to build a workable reading of TRIPS and to help States embody the flexibilities of intellectual property (IP). The work investigates the complementary roles of the World Health Organization (WHO) and the World Trade Organization (WTO) in order to promote the harmonisation of the precautionary approach in relation to the patenting of crucial pharmaceutical products. By bringing together international trade law and intellectual property law Phoebe Li demonstrates how through the use of risk analysis and the precautionary approach, States can still comply with their legal obligations in international law, while exercising their sovereignty right in issuing a compulsory licence of a drug patent in an uncertain public health emergency. This book will be of great interest to students and academics of medical and healthcare law, intellectual property law, international trade law, and human rights law.

Well Known Trade Marks

Author: Hiroko Onishi
Publisher: Routledge
ISBN: 1136027920
Size: 46.26 MB
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This book considers the effectiveness of well-known trade mark protection at an international level. It particularly considers EU trade mark law from Japanese perspectives, and provides a practical and critical overview of trade mark law in Japan, including the historical development of the law and the recent development on cases and policy. The book includes detailed coverage of the Japanese Unfair Competition Prevention Act, and contains the first systematic analysis of Japanese jurisprudence and legislative amendments of law in relation to well-known trade marks and unfair competition. The book goes on to comparatively analyse Japanese trade mark law alongside that of the European Community Trade Mark system. The book critically considers the difficulties in comprehensively defining a ‘well-known trade mark’ in the relevant international trade mark instruments. In breaking down the traditional definition of the ‘well-known trade mark’, the book works to address existing theoretical ambiguities in the application of trade mark law.

Intellectual Property Policy Law And Administration In Africa

Author: Caroline B. Ncube
Publisher: Routledge
ISBN: 1317589963
Size: 22.85 MB
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This book examines the harmonisation of Intellectual Property (IP) policy, law and administration in Africa. Two recent developments have brought this topic to the fore. The first is the escalation of long-standing efforts to establish a Pan-African Intellectual Property Organisation (PAIPO), a continental initiative. The second is the current sub-regional attempt to operationalise the IP provisions of the Southern African Development Community (SADC)’s Protocol on Trade (articles 9b and 24) and its Protocol on Science, Technology and Innovation (article 2m). Intellectual Property Policy, Law and Administration in Africa discusses the viability of such initiatives with particular reference to the current socio-economic status of Africa’s nations. With a view to contributing to future developments in Africa at both a continental and sub-regional level, the author considers this issue through the lens of advancing the public interest in IP. Ncube argues that harmonisation initiatives ought to be crafted in a way that is supportive of the development aspirations of African states. Consequently, she urges due consideration of individual states’ unique conditions and aspirations in any harmonisation venture, a necessity outlined in article 7 of the Agreement on Trade Related Aspects of Intellectual Property Rights. This book will be of great relevance to scholars and policy makers with an interest in IP law and African law in general.

Intellectual Property Rights And Competition In Standard Setting

Author: Valerio Torti
Publisher: Routledge
ISBN: 131737665X
Size: 59.41 MB
Format: PDF, ePub
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Competition and intellectual property rights (IPRs) are both necessary for a market to work efficiently and to promote consumer welfare. Properly applied, intellectual property rules define a legal framework which allows undertakings to profit from their inventions. This in turn encourages competition among firms and enhances dynamic efficiency, to the benefit of consumer welfare. Standard setting represents one of the fields where the interaction between competition law and IPRs clearly comes to light. The collaborative goal of standard setting organizations (SSOs) is to adopt and promote standards that either do not conflict with anyone’s right or, if they do, are developed under condition that patents are licensed under defined terms. This book examines the tension between IPRs and competition in the standard setting field which can arise when innovators over-exploit the rights they have been granted and hold up an entire industry. The book compares EU and U.S. jurisdictions with a particular focus on the IT and telecommunication sectors. It scrutinizes those practices which could harm standard setting and its goals, looking at misleading conducts by SSOs’ members which may lead to breach the EU and U.S. antitrust provisions on abuse of market power. Recent developments in EU and U.S. standard setting are analysed highlighting the differences in enforcement approaches. The book considers how the optimal balance between IPRs and industry standards can be struck, suggesting a policy model which takes into account both innovators’ interests and SSOs’ goals.

Science And Technology In International Economic Law

Author: Bryan Mercurio
Publisher: Routledge
ISBN: 1134119704
Size: 14.39 MB
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Science and technology plays an increasingly important role in the continued development of international economic law. This book brings together well-known and rising scholars to explore the status and interaction of science, technology and international economic law. The book reviews the place of science and technology in the development of international economic law with a view to ensure a balance between the promotion of trade and investment liberalisation and decision-making based on a sound scientific process without hampering technological development. The book features chapters from a range of experts – including Lukasz Gruszczynski, Jürgen Kurtz, Andrew Mitchell and Peter K. Yu – who examine a wide range of issues such as investment law, international trade law, and international intellectual property. By bringing together these issues, the book asks how international trade and investment regimes utilise science and technology, and whether they do so fairly and in the interest of broader public policies. This book will be of great interest to researchers of international economic law, health law, technology law and international intellectual property law.

Trading In Genes

Author: Ricardo Melendez-Ortiz
Publisher: Routledge
ISBN: 1136551050
Size: 36.82 MB
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Sustaining the new bioeconomy requires a global biotechnology governance regime to bring a large number of developing countries into the global trading system. Failure to do so will create a "genetic divide" among countries and is likely to intensify public opposition to biotechnology. This interdisciplinary collection of perspectives from the developing world - on debates over the relationships between biotechnology, biosafety, sustainable development and trade - seeks to bridge the gap between the different areas of regulatory activities and academic research and between the various stakeholders in the debate. Leading experts, writing for the International Centre for Trade and Sustainable Development, examine: the risks and opportunities of biotechnology; biosafety; intellectual property rights and related issues of access to genetic resources; benefit-sharing and traditional knowledge; biotechnological development; capacity building; the Cartagena Protocol on Biosafety; relevant WTO provisions; and developing countries' options in the WTO context.

New Genetics New Social Formations

Author: Peter Glasner
Publisher: Routledge
ISBN: 1134162588
Size: 61.64 MB
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New genetic technologies cut across a range of public regulatory domains and private lifeworlds, often appearing to generate an institutional void in response to the complex challenges they pose. As a result, a number of new social formations are being developed to legitimate public engagement and avoid the perceived democratic deficit that may result. Papers in this volume discuss a variety of these manifestations in a global context, including: genetic data banks committees of inquiry non-governmental organisations (NGOs) national research laboratories. These institutions, across both health and agriculture, are explored in such diverse locations as Amazonia, China, Finland, Israel, the UK and the USA. This volume exhibits a clear thematic coherence around the impact of the new genetics and their associated technologies on new social formations, and the case studies included have a significant international focus, showing a balance between theoretical and empirical approaches in this rapidly changing field. This innovative new volume will be of interest to postgraduates and professionals in the fields of sociology, social anthropology, science and technology studies, and environmental studies.