Interpreting TRIPS : globalisation of intellectual property rights and access to medicines / Hiroko Yamane.

Format:

Book

Author/Creator:

Yamane, Hiroko, author.

Language:

English

Subjects (All):

Agreement on Trade-Related Aspects of Intellectual Property Rights (1994 April 15).

Agreement on Trade-Related Aspects of Intellectual Property Rights.

Intellectual property (International law).

Intellectual property (International law)--Economic aspects.

Pharmaceutical industry.

Physical Description:

1 online resource (583 p.)

Edition:

1st ed.

Other Title:

Interpreting Agreement on Trade-Related Intellectual Property Rights

Globalisation of intellectual property rights and access to medicines

Place of Publication:

Oxford ; Portland, Oregon : Hart Publishing, 2011.

Language Note:

English

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."--Bloomsbury Publishing.

Contents:

Prelims

Foreword

Acknowledgements

Contents

Table of Cases

Table of Legislation

Introduction

Part I Background. 1 Innovation Incentives; 2 International IP Cooperation and Developing Country Perspectives; 3 Biotech Inventions and Patentable Subject Matter

Part II The TRIPS Agreement. 4 Uruguay Round Negotiations and the Adoption of TRIPS

5 The TRIPS Agreement de Lege Lata: the Outline

6 Various Methods of Interpretation: WTO Agreements and the Vienna Convention on the Law of Treaties.

Notes:

Description based upon print version of record.

Includes bibliographical references and index.

ISBN:

9781472565440

1472565444

9781847316332

1847316336

OCLC:

746747247