Aspects Of Intellectual Property Rights Research Articles

Reconciling patent rights and the human right to access to essential medicines: A critical review

Over 80% of the world’s population lives in developing nations, with limited access to medicines like AIDS and malaria. Competition between patented and generic medications can improve access and lower prices, but counterfeit medicines should be avoided. The Doha Declaration, released at the World Trade Organisation Ministerial Conference in 2001, aims to support nations’ rights to safeguard public health and encourage access to medicines. It aims to influence the interpretation and application of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) in a manner that is health-friendly, considering the responsibility of nations to uphold health rights under international law. The Declaration calls for developed nations to encourage practical solutions for poor people in developing countries, emphasizing that trade agreements should be secondary to defending human rights and achieving the best quality of health for all. International human rights treaties protect the universal human right to health, but rigid trade agreements on patents can hinder affordable medication for low-income populations in developing nations. TRIPS, a treaty that protects intellectual property rights and promotes technological innovation, aims to provide inexpensive medications for HIV/AIDS patients through exclusions from patent admissibility, exceptions, parallel importing, and compulsory licensing.

International and national regulatory system of the intangible assets market

As part of the study, it was determined that increasing the competitiveness of business structures due to the intellectualization of their trade and economic activities led to a significant increase in the volume of the world market of intangible assets. The growth of the world market of intangible assets is accompanied by an increase in the vulnerability of its objects from the point of view of possible violations of their rights. We have identified the following reasons as the basis for violations regarding intangible assets: the legal field regulating trade relations in the field of transactions with intangible assets is created by the national legislation of different countries, which may differ significantly; growing trade in counterfeit goods and piracy. It is shown that the main purpose of creating the Agreement on Trade Aspects of Intellectual Property Rights within the framework of the World Trade Organization was the elimination of disagreements regarding the trade aspects of intellectual property rights in the legislative systems of individual countries; the importance of this Agreement in the context of the further development of the world market of intellectual property objects consists in the creation of principles and standards regarding the existence, scope and use of intellectual property rights, as well as in the development of effective means of compliance with these rights. It was found that the further development of the market of intellectual property objects requires an increase in the effectiveness of legal support and the need to create new approaches to solving, first of all, legal and organizational problems of the regulation of intellectual property rights at the regional and national levels in connection with the expansion of opportunities for the use of objects of intellectual property rights in new high-tech areas, including in the conditions of global networks, as well as in connection with the emergence of new objects of intellectual property. It was concluded that the effectiveness of the system of protection of intangible assets is directly related to the existing legal framework, and the directions for further improvement of the legislative support for the protection of intangible assets in the field of international business should be considered as follows: definition of mechanisms for the protection of intangible assets in the field of information technology, first of all, improvement of normative and legal framework in the field of protection of intellectual property rights on the Internet; development of provisions on the protection of commercial secret rights and sanctions for appropriating the authorship of someone else’s intellectual property; development of a more sophisticated counteraction to the movement through the customs territory of the country of goods that violate intellectual property rights; creation of normative and legal regulation of issues related to the need to carry out valuation of the value of intangible assets.

Article: Exploring Shortcomings in International Trade Law in Light of the Expansion of Artificial Intelligence

The objective of this paper is to explore the shortcomings in international trade law (ITL) in view of the expansion of Artificial Intelligence (AI), and to propose some recommendations. AI is contributing to the development of international trade while giving rise to other concerns, such as nontariffs measures. Addressing the legal challenges posed by the integration of AI into various facets of society, including international trade, is of major importance. In this context, this paper explores a number of provisions of the General Agreement on Tariffs and Trade (GATT) 1994, those of the General Agreement on Trade in Services (GATS), and ends with those of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Finally, the article proposes some recommendations to better take into account the concerns that AI may give rise to in the multilateral trading system. It highlights the need for close partnership between the World Trade Organization (WTO), the International Standardization Organization (ISO) and the International Electrotechnical Commission (IEC) to better maximize the benefits of AI while minimizing the risks in the context of international trade. Also, it highlights the importance of harmonizing regulations on the trade of AI products and AI-driven trading and the need for a change in legal design that goes beyond mere incremental adjustments.

A Comparative Analysis of Patent Laws in Afghanistan and the TRIPS Agreement

The Agreement on Trade-Related Aspects of Intellectual Property Rights provides for a minimum standard of Intellectual protection. All WTO member countries are under an obligation to comply with the provision of provisions Agreement. Afghanistan, as a member of the WTO, in the case of intellectual property rights, committed to full implementation of the provision of the TRIPS Agreement. Hence, is required to coordinate all its trade law, including patent law. This research paper examines Afghanistan's patent regime in relation to the RTIPs Agreement. The paper provides a comprehensive overview of the fundamental concept of patents and the historical background of patents in the legal system of Afghanistan. It then delves into an analysis of the law and regulations in Afghanistan, evaluating their compliance with the TRIPs agreement. The findings of this research indicate that Afghanistan patent law is compatible with the minimum standard of patent protection in the TRIPs Agreement. Nevertheless, Afghanistan’s patent law is insufficient, there are certain legal lacuna in its provisions which must be amended.

Access to Medicines in Low- and Middle-Income Countries – Is the agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) to blame?

This paper argues that the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement is not solely responsible for the lack of access to medicines (ATM) in Low and Middle-Income Countries (LMICs). ATM is a complex global health governance issue influenced by various factors, including intellectual property laws, trade agreements, domestic policies, and manufacturing capacity. While the TRIPS Agreement provides flexibilities to address public health concerns, such as compulsory licensing and parallel imports, their effective implementation is hindered by several challenges. This paper emphasizes the need for a multifaceted approach to address ATM, involving domestic policy reforms, international cooperation, and investment in domestic manufacturing capacity. By leveraging these strategies, LMICs can enhance access to essential medicines and improve health outcomes for their populations.

Bio-Based Innovation and the Global Patent System: Exploring the WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge

Abstract This opinion critically examines the 2024 WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge, a new instrument addressing the use of genetic resources (GR), and traditional knowledge associated with GR (ATK) in the global patent system. Given the Treaty’s position at the intersection of intellectual property and environmental law, this article discusses its history and negotiation in the first part, including the Treaty’s links to the Convention on Biological Diversity (CBD) and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). It then discusses the concept of bio-based innovation and its role in the bioeconomy. Following this, the article assesses the Treaty’s contents, including its context and objectives, scope, the Patent Disclosure Requirement (PDR), sanctions and remedies for non-compliance with the PDR, information systems on GR and ATK, and its relationship with other international instruments. The article highlights the extensive diplomatic negotiations that shaped the final text and considers potential amendments that could be made during the Treaty’s review process. The Treaty is intended to improve the global patent system’s effectiveness, transparency, and quality concerning GR and ATK and to prevent Offices from granting patents erroneously. Its provisions present new challenges and complexities for stakeholders, and its long-term success will depend on ongoing international collaboration and engagement, both within and outside the Treaty’s framework, and ensuring equitable benefit-sharing from the use of GR and ATK as part of a global sustainable bioeconomy.

TRIPS and the right to human health: A case study on Brazil's health policies and its implications

AbstractThe incorporation of intellectual property laws in Brazil, by drafting or amending laws, as a result of the Trade‐Related Aspects of Intellectual Property Rights (TRIPS) Agreement, has been a subject of political and social debate. The ambiguity of the Agreement's effects explains the Brazilian government's reluctance to address the issue, particularly concerning public health policies, as it presents a conflict between healthcare rights and intellectual property protection. The country had utilized compulsory licensing of an antiretroviral drug for AIDS treatment under Decree No. 6,108/2007. This precedent has sparked discussions about future cases of selective incorporation of compulsory licensing as a national prerogative, aiming to ensure that the patent system upholds the country's right to protect public health and promote access to medicines, in accordance with The Doha Declaration on the TRIPS Agreement. Nevertheless, such a pattern could undermine innovation and discourage private‐sector investment and research, which is predominantly conducted by developed countries.

THE AGREEMENT ON TRADE-RELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHTS (TRIPS)

he paper delves into the development and intricacies of international legal frameworks for intellectual property (IP) rights protection and commercialization, focusing on agreements like the Paris and Berne Conventions. It outlines the evolution from initial measures safeguarding industrial property to broader copyright and trademark protections, facilitated by entities such as the World Intellectual Property Organization (WIPO) and the World Trade Organization (WTO). The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is highlighted for establishing minimum standards for IP protection and enforcement, integrating provisions for dispute resolution, and managing the balance between IP holders' interests and the public good. TRIPS' role in addressing challenges posed by differing national norms and its efforts to mitigate IP rights abuse through limitations and exceptions, known as the Three-Step Test, are emphasized. This analysis underscores the importance of a fair and balanced IP system that promotes global innovation and creativity, acknowledging the need for a harmonious integration of varied national laws within the global trade and IP protection landscape.

Review on: Public Perception of Biotechnology on Genetically Modified Crops, Bio Policy and Intellectual Property Rights

Public discussion about genetically modified crops is strongly heavily influenced by debates over their risks and benefits. Supporters of biotechnology point to its potential to reduce hunger, prevent malnutrition, treat diseases, and improve overall health and quality of life. However, there is considerable opposition to biotechnology. Some critics argue that it poses risks to human health and the environment, while others oppose it on moral and ethical grounds. The transfer of genes between different species is often criticized as "playing God" or breaking the "Law of Nature." Biosafety on (GM) crops is a rapidly growing field that includes scientific research, ethical issues, and policy and regulatory frameworks to assess and manage risks to human and animal health, including food and feed safety, as well as environmental risks related to modern biotechnology products. Bio-policy refers to the rules, norms, and ethical considerations that govern the development, production, and use of biotechnology products. These policies differ by country and can be influenced by international agreements and organizations. A key international agreement (TRIPS) Agreement, which sets global standards for intellectual property protection. The Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement requires governments to issue patents in technological sectors, including modern biotechnology, to protect innovations in this field. This ensures that biotechnological advancements, including GM crops, are protected under intellectual property laws, aiding their development and commercialization while addressing ethical and safety concerns.

Towards Sustainable Agriculture: Assessing Plant Variety Protection and Farmers’ Rights in Pakistan

Pakistan's regulatory framework regarding Plant varieties presents a multifaceted challenge in the preservation of farmers' rights within the spheres of agricultural policy, intellectual property rights (IPRs), and the socio-economic landscape. This inquiry aims to analyze the current state of plant-related legislation in Pakistan, with a particular highlighting on the strategies employed to protect farmers' rights in the background of the rapidly changing global environment of intellectual property and agricultural methodologies. With the dawn of international accords such as the Agreement on Trade-Related Aspects of Intellectual Property Rights(TRIPS)and the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA), Pakistan faces the imperative of aligning its domestic legal framework with global standards while ensuring the safeguarding of farmers' rights. The study concludes by recommending reforms at both institutional and policy levels that could strengthen Pakistan's legal framework in the protection of farmers' rights, particularly regarding the safeguarding of plant varieties.

Balancing Protection of Plant Varieties and Other Public Interests

The interplay between intellectual property rights for new plant varieties and public interests, particularly farmers’ rights, is critically examined within the context of global agricultural practices and Sustainable Development Goals (SDGs). According to the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), World Trade Organization (WTO) members shall establish a mechanism to grant effective protection to new plant varieties. There are two typical compliance mechanisms with TRIPS: the model developed by the International Convention for the Protection of New Varieties of Plants (UPOV Convention) and India’s sui generis system. A comparison from the sustainable development perspective is conducted through the textual analysis of the regulations of each model. The results show that the UPOV Convention cannot advance the achievement of Sustainable Development Goals and might have adverse effects. Conversely, India’s sui generis system represents a more balanced approach, addressing the needs of the farmers, the community, and environmental protection alongside those of breeders and benefitting sustainable development. The conclusion advocates for revising the UPOV Convention to incorporate broader concerns, including farmers’ rights and environmental sustainability, to ensure a more equitable approach to the protection of plant varieties.

THE IMPACT OF INTERNATIONAL INTELLECTUAL PROPERTY LAW ON NATIONAL LAW

The article examines the impact of international legal norms in the field of intellectual property on the national legislation. The focus is on analyzing key international treaties, such as the Paris Convention for the Protection of Industrial Property, the Berne Convention for the Protection of Literary and Artistic Works, and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). The mechanisms of adapting national legal systems to the requirements of international standards are explored, including legislative reforms and changes in enforcement practices.

Pharmaceutical patents: Cathartic or inhibiting

AbstractThe debate between patent rights of pharmaceutical firms and the rights of the poor to equal access to health is an old one. The basic purpose of any patent system that grants a temporary monopoly to an innovator is to stimulate innovation and investment in the production of the newly innovated goods and services, which in turn gives supernormal profits to the innovator. However, the equity considerations dictate the spread of this knowledge in the public domain. The dilemma of the patent system is that, in encouraging R&D, it prevents the diffusion of innovation and consequently creates a non‐competitive situation. This paper examines the impact of patent protection on the number of patent filings by the pharmaceutical companies in India after it signed the Trade‐Related Aspects of Intellectual Property Rights (TRIPS) agreement and the trend in research and development expenditure by domestic firms. It questions the basis of this intellectual property right, especially, when a substantial amount of basic research is often carried out in the universities and federal funding is provided at the basic research and development level. It further investigates the success of various flexibilities provided under TRIPS which the Indian Patent Act has used and can potentially use, in comparison to other developed countries, to provide easy access to the medicines. The paper concludes by exploring other options available during public health emergencies and otherwise.

Intermediary safe harbour from copyright infringement in India—Alternative to the interpretative conundrum

AbstractThe Information and Communication Technology (ICT) platforms that allow copyright owners to reach a large number of users and increase their economic fortune, contritely; enable the potential infringers preferring free‐riding to upload and distribute copyrighted materials. Under various theories of direct and secondary copyright infringement, the platforms now loosely called intermediaries are likely to become liable for copyright infringement. Like other jurisdictions, Indian law contains specific provisions to protect the intermediaries from such unanticipated liability. However, this intermediary liability and immunity law got muddied by inconsistent interpretations of the two operating statutes. Taking clues from the cross‐jurisdictional insights, this paper looks at the interpretative conundrum. Furthermore, the paper contends how the preferred interpretation is incompatible with the Berne Convention and Agreement on Trade‐Related Aspects of Intellectual Property Rights recommended three‐step doctrine for creating copyright exceptions. Ultimately, this paper advocates for a legislative intervention to clear the clouds of confusion in view of India's endeavour to enact a new law on ICT.

Intellectual Property Rights in Agriculture: Plant Variety Protection and Food Security

This research explores the complex relationship between Intellectual Property Rights (IPRs) in agriculture, focusing on plant variety protection and food security. In this context, protecting plant varieties becomes key to enhancing agricultural productivity, addressing climate change challenges, and ensuring the sustainability of the food supply. Implementing intellectual property rights in agriculture also directly impacts the welfare of farmers and other stakeholders in the agricultural sector. Methodologically, this research adopts a normative approach, using various data sources and relevant analyses within the legislative framework. The research also elucidates the crucial role of institutions tasked with implementing plant variety protection measures within a broader IPR framework. The research findings indicate challenges and opportunities inherent in implementing plant variety protection measures, including legal and policy barriers, and opportunities for policy innovation and collaboration among government stakeholders, industry, and society. In conclusion, this research offers valuable insights into the complex dynamics between Intellectual Property Rights in agriculture, particularly plant variety protection, and food security. Furthermore, policy recommendations are proposed to strengthen regulatory frameworks for plant variety protection, enhance access to agricultural technology, and promote multi-stakeholder collaboration. Considering the complexity of the relationship between various aspects of IPR, plant variety protection, and food security, further research can explore innovative solutions to overcome existing barriers and capitalize on emerging opportunities. This may involve a more detailed analysis of existing legal and policy frameworks and exploring the practical implications of the policy recommendations outlined in the abstract in ensuring the sustainability of agricultural systems and food security in the future.

Impact of International Trade Agreements on Corporate Law

International Trade Agreements (ITAs) have a significant impact on corporate law. ITAs typically include provisions that affect a wide range of corporate law issues, such as reducing or eliminating tariffs and other trade barriers making it easier for corporations to export their goods and services to foreign markets, other provisions might protect foreign investment and promote investment flows between countries making it more attractive for corporations to invest in foreign markets. Some ITAs protect intellectual property rights, such as trademarks, copyrights, and patents that is important for corporations that rely on intellectual property to protect their products and services and ITAs also promote competition and prohibit anti-competitive practices which help ensuring that corporations compete fairly in the global marketplace. In addition, ITAs can also have a broader impact, for instance, ITAs can promote the adoption of common legal standards and practices, making it easier for corporations to do business in different countries. For Example, The North American Free Trade Agreement (NAFTA) includes provisions that made it easier for corporations to move goods and services between the United States, Canada, and Mexico leading to increased investment flows between these countries. The World Trade Organization (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) has helped to strengthen the protection of intellectual property rights around the world which benefited corporations that rely on intellectual property to protect their products and services. The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) includes provisions that promote competition and prohibit anti-competitive practices in the Asia-Pacific region ensuring that corporations are competing fairly in the market. Overall, this Research Paper summarises how ITAs have a significant impact on corporate law and Corporations involved in international trade should be aware of the provisions of the relevant ITAs and how these provisions may affect their business.

Legal and Historical Perspective of Plant Breeders Rights Act of Pakistan

Pakistan is an agricultural country and numerous plant varieties have been developed indigenously by local scientists. There was a long felt need to introduce any sort of protection mechanism for these novel plant varieties to protect the research and development (R&D). Being a World Trade Organization (WTO) member, Pakistan acceded to the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement in 1995, and since then, legislation was due to protect the rights of breeders of new plant varieties. In 2016, the Government of Pakistan passed the Plant Breeder’s Rights Act (PBRA), in alignment with the International Union for the Protection of New Varieties of Plants Convention of 1991 (UPOV), balancing the interests of biotechnology companies and traditional plant breeders. The current study highlights Pakistan's strengths and areas that still require improvement to meet the nation's demands for plant variety protection.

The Importance of Maintaining Trademark Anti-Dilution Protection

Trademark anti-dilution protection is a legal measure aimed at protecting the rights and interests of trademarks and guaranteeing fair competition in the market, but whether it should be canceled has been controversial. The development of the theory of anti-dilution protection of well-known trademarks is a relatively popular research topic, while the Paris Convention and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) have provisions on anti-dilution of trademarks. Therefore, through the research method of literature review and theoretical analysis, this paper will discuss trademark anti-dilution protection in terms of its definition, implementation effect, and problems. In addition, the importance of trademark anti-dilution protection is elaborated from the perspectives of consumer protection, brand value, and innovation incentives, and the viewpoint of maintaining the existence of trademark anti-dilution protection is confirmed and put forward.

Decoding The Enhanced Protection for Wine and Spirit GIs

This article delves into the realm of geographical indications (GIs) within the framework of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Specifically, it focuses on the enhanced protection granted to GIs for wines and spirits under Article 23 of the agreement, going beyond the standard protection mechanism outlined in Article 22. We will explore the historical context that led to this special treatment, examine the potential controversies surrounding it, and assess its impact on trade dynamics within the wine industry, particularly in the European Union (EU) and India.

International Trade Law: A Driver of Climate Action or a Roadblock?

Abstract Much has been written about changing the world's perception of international trade—from an area of development that will accelerate climate change to a powerful tool that can drive climate action. This article elaborates on four mechanisms of international trade law developed and honed by the World Trade Organization (WTO) that can play a pivotal role in accelerating climate action. The four mechanisms are the WTO's dispute resolution system, the Agreement on Technical Barriers to Trade (TBT), the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), and the regional trade agreements (RTAs) negotiated under the WTO framework. Elucidating the WTO's role, this article supports the proposition that every multilateral institution can rise to the occasion and spearhead climate action in its own unique capacity.