Trade-Related Aspects Of Intellectual Property Rights Research Articles

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.

The new EU regulations for food safety

The inspirational principles of the norms known as the “Hygiene package”: the framework of new perspectives on food safety. At the beginning of the 1980s, all member states of the World Trade Organisation (WTO) subscribed to international agreements regarding strategies for food production and its marketing. These agreements, known as TRIPS (Agreement on Trade- Related Aspects of Intellectual Property Rights), GATT (General Agreement on Tariffs and Trade), GATS (General Agreement on Trade in Services) and TRIMS (Agreement on Trade-Related Investment Measures) [1] signalled the beginning of a new, globalized, commercial strategy on food products which has also caused importantrepercussions within the European boundaries, but with some fundamental differences.

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.

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.

Cambodia's Imminent Graduation from Least Developed Country Status: What Will be the Impact of the TRIPS Agreement on Access to HIV and Hepatitis C Medicines in Cambodia?

Cambodia has experienced exponential economic growth in recent years and is expected to graduate from least developed country (LDC) status within the next decade. Membership of the World Trade Organization (WTO) will require Cambodia to grant product and process patents for pharmaceuticals upon LDC graduation. This study aims to measure the impact of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) on the price of HIV and hepatitis C medicine in Cambodia once it graduates from LDC status and is obliged to make patents available for pharmaceutical products and processes. Using scenarios based on likely outcomes of accession to the TRIPS Agreement, it measures the impact on the price of the HIV treatment program and compares that impact with the hepatitis C treatment program. Graduation from LDC status would be expected to result in a modest increase in the cost of the antiretroviral (ARV) treatment program and very large increases in the cost of the direct acting antivirals (DAA) treatment program. If annual treatment budgets remain constant, patent protection could see 1,515 fewer people living with HIV able to access ARV treatment and 2,577 fewer people able to access DAA treatment (a drop in treatment coverage of 93%).

Basics of implementation of the standards of international agreements in the sphere of international trade by Ukraine

The latest international trade is characterized by serious, radical changes - the creation of a global information space, where the main products of production are information and knowledge, and information technologies penetrate almost every sphere of economic activity. International treaties become the main source of legal regulation of relations arising in the field of international trade.
 It has been established that the future development of Ukraine's economy directly depends not only on determining the directions of transformation of legal relations in the field of international trade, but also on how Ukraine directly implements the provisions of current international treaties in the field of international trade, in particular in such an important field as intellectual property - international agreements are the determining factors of the competitiveness of the country's economy, the most valuable capital that determines the strategy and tactics of our country's development, the most important driver of innovation.
 It was found out that today, the states have come to the realization that without solving issues related to the international regulation of relations in the field of intellectual property, without concluding international agreements in this field, it will be impossible to promote any object of intellectual property in the world. It is substantiated that all the specified international treaties regulating intellectual property as an object of trade transactions, to which Ukraine has joined, form an interconnected system of international trade relations. The WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) occupies a special role among the system of these international agreements. The implementation of the TRIPS Agreement in Ukraine progressed in parallel with radical changes in the ways of using intellectual property in trade and the growing use of the international intellectual property system. Currently, Ukraine is at the final stage of institutional reform in the field of intellectual property - the State Organization «Ukrainian National Office for Intellectual Property and Innovations» (UANIPIO) has been established; its powers, scope and directions of its activity are established; the right to represent Ukraine in international and regional organizations, etc.
 Ukraine is an active participant in international trade processes and the corresponding main international legal acts in this area, which increases the interest of our state in optimizing and improving the standards, norms and provisions that regulate it. Judicial practice has confirmed that international treaties are an integral part of national legislation.

Self-Determination in Global Health Practices - Voices from the Global South.

Despite the commendable progress made in addressing global health challenges and threats such as child mortality, HIV/AIDS, and Tuberculosis, many global health organizations still exhibit a Global North supremacy attitude, evidenced by their choice of leaders and executors of global health initiatives in low- and middle-income countries (LMICs). While efforts by the Global North to support global health practice in LMICs have led to economic development and advancement in locally led research, current global health practices tend to focus solely on intervention outcomes, often neglecting important systemic factors such as intellectual property ownership, sustainability, diversification of leadership roles, and national capacity development. This has resulted in the implementation of practices and systems informed by high-income countries (HICs) to the detriment of knowledge systems in LMICs, as they are deprived of the opportunity to generate local solutions for local problems. From their unique position as international global health fellows located in different African countries and receiving graduate education from a HIC institution, the authors of this viewpoint article assess how HIC institutions can better support LMICs. The authors propose several strategies for achieving equitable global health practices; 1) allocating funding to improve academic and research infrastructures in LMICs; 2) encouraging effective partnerships and collaborations with Global South scientists who have lived experiences in LMICs; 3) reviewing the trade-related aspects of intellectual property Rights (TRIPS) agreement; and 4) achieving equity in global health funding and education resources.

Comparative Perspectives on the Protection of Food Geographical Indications in Asian Countries

AbstractThe significance of food is beyond its gastronomic value. Food symbolises a community's enriched past and holds cultural expressions and traditional knowledge. The linkage of food with religious beliefs, geo-climatic factors, social standards, and various health benefits builds the reputation of the food, which is essentially attributable to its geographic origin. Following the ratification of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), the contracting states that have enacted Geographical Indications (GI) legislation (particularly those in Asia) have come forward to protect foodstuffs as GI in order to safeguard their communities and their traditional knowledge associated with foodstuffs. Against this background, the present article attempts to compare foodstuff GIs in eight selected Asian countries with a sui generis system of GI protection as TRIPS compliance. The comparative analysis of the evolution and scope of foodstuff protection, pre-registration and post-registration impact, and quality maintenance provides important insights into convergence and divergence among the selected Asian countries. The study further identifies policy implications for the sustenance of GI.

Precedential Value of Judicial Decisions in Increasingly Hybridised Civil Law Systems: Chinese Choreographies at the WTO

AbstractPursuant to Article 63 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), a state may require other treaty parties to disclose their intellectual property case law ‘of general application’. While most domestic judgments in common law are indeed of general application, civil law systems theoretically employ judgments as reference only. Nevertheless, to value consistency and predictability, the hybridisation of civil law jurisdictions is increasingly leading them to devise special lists of judgments that acquire formal or factual binding status on lower-ranked courts. This trend is particularly evident in China, whose Supreme People's Court's ‘Guiding Cases’ join other specific categories of holdings within ‘Judicial Interpretations’ and further guideline documents that are factually binding domestically. When the United States and the European Union requested, through the World Trade Organization, that China disclose the full range of its case law of general application, China responded that civil law jurisdictions do not issue judgments that are binding beyond the parties. This article examines the limitations and merits of the Chinese stance.

Exploiting treaty ambiguity: Public health exceptions in the WTO TRIPS agreement

AbstractTreaty exceptions have long been viewed as essential to the design of international agreements. Yet, agreements also leave ‘room to maneuver’ through the use of constructive ambiguity, that is, by defining treaty terms with deliberately ambiguous words. When are countries more likely to exploit this treaty ambiguity? What does this exploitation look like? We argue that in democratic countries, where states face continued pressures to react to domestic needs, governments are more likely to legislate unambiguous circumstances in which they can apply international treaty exceptions. We argue this should be especially true in developing democracies facing external pressure from foreign firms and developed countries to legislate public policy with their external interests in mind. We test our theory in the context of the World Trade Organization (WTO) Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement and compulsory licensing legislation for HIV/AIDS drugs between 2000 and 2012. We find that when public access to medicines for HIV/AIDS is limited but in high demand, democratic governments are more likely to legislate explicit public health protection under TRIPS exceptions, especially in developing countries with high rates of foreign patent ownership. We conclude that such exploitation is most likely when countries seek to prevent precedents by action, or adjudication, that better define constructively ambiguous treaty terms.

Going It Alone or Acting as a Collective? Evaluating the East African Community Policy on Implementing TRIPS Obligations

AbstractThe grim realities of the COVID-19 pandemic have resuscitated discussions about the effectiveness of the flexibilities entrenched in the World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) for improving access to medicines. This article revisits this vexed issue by examining whether a regional approach to implementing TRIPS obligations could deliver a better outcome for access, especially in low- and middle-income countries, where manufacturing capacity is almost non-existent. Using the East African Community (EAC) as a case study, the article critiques recommended implementation options under the EAC policy on TRIPS flexibilities, concluding that, if significantly implemented, these recommendations could yield a better outcome for access.

International Patent Law Conflicts With the Right of Access to Medicines and Healthcare: Key Aspects

This article is dedicated to the legal conflicts between international patent law and the right ofaccess to medicines and healthcare. This article discusses the problem above under the light ofthe framework of the international agreements, mainly WTO Agreement on Trade-RelatedAspects of Intellectual Property Rights (TRIPS Agreement) and Doha Declaration on the TRIPSagreement and public health. As we know, patents give exclusive rights to the inventors to usetheir innovations for a long period of time. This limits the ability of public to get easy access tomedications, consequently to indispensable healthcare. It is undoubtable that the quality of lifeand the healthcare of the public is an absolute priority. On the contrary, the expropriation ofpatent rights, inadequate compensation of damages for issuing the compulsory licensing mayhave irreversible consequences for the states. Foreign investor may file claims against thegovernmental authorities to ad hoc or permanent arbitral institutions.

Europe’s GI Policy and New World Countries

Trade negotiations between the European Union (EU) and Australia and New Zealand (NZ) provide the opportunity to revisit the ongoing clash between EU and New World ( United States of America (USA), Canada, Australia, NZ etc.) countries over geographical indications (GIs). Since the EU-Canada negotiations, the EU has increased its GI demands and the Australia and NZ negotiations provide the first opportunity to assess these. NZ has agreed to privileges that exceed those in the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and has fewer safeguards for NZ producers than were achieved in Canada. The EU’s GI demands to Australia are scrutinized in terms of competition, rule of law and consumer information criteria, providing a basis for considering how Australia should respond. A particular focus is the problematic issues raised in the demand that specific GI names be listed in the treaty without proper review and opposition procedures. Questions are also raised about the accuracy of EU GI labels and the relative merit of EU GI policy compared to certification mark GIs to promote regional development. On this basis it is suggested that Australia should reject a number of the EU’s GI demands as these lead to approving product labels which are deceptive for consumers Geographical indications, European Union, trade policy, regional development, consumer Information, food labelling, intellectual property

International Patent System - A Comparative Analysis

The Patents Act, 1970 was amended in 1999, 2002 and finally in 2005 to provide for product patents in chemicals, pharmaceuticals, food, and agro-chemicals and bring in other necessary amendments in line with Trade Related Aspects of Intellectual Property Rights (TRIPS). Patents Rules have been commensurately amended, initially as Patent Rules, 2003, which were further amended in 2005, 2006, 2012, 2013, 2014, 2016, 2017 and 2019. India became signatory to Patent Cooperation Treaty (PCT) in 1998. Consequently, patent filing in India, including National Phase applications under PCT, has increased exponentially. Indian Patent Office is a major PCT filing country and functions as ISA/IPEA under PCT.

A Discovery or a Misery? The Issuance of Anti-Suit Injunction before WTO

On 27 January 2023, the Dispute Settlement Body established a panel as requested by the European Union in document WT/DS611/5, pursuant to Article 6 of the Understanding on Rules and Procedures Governing the Settlement of Disputes. In fact, the European Union has proposed the formation of a panel according to Article 6 of the Dispute Settlement Understanding (DSU) to respond to the Action against China's lawsuit against high technology in the European Union. China imposed a preservation measure, Anti-Suit Injunction (ASI), that prohibit patent holder for asserting their rights before non-Chinese courts. Such movement is inconsistent to international principles, namely National Treatment (NT) and Most-Favored-Nation (MFN). As the EU claimed China on the subject of patent use on high technology, this discussion will further dissect the WTO Agreement on the Trade-Related Aspects of Intellectual Property Rights (TRIPS). Specifically, Article 3 on National Treatment and Article 4 on Most-Favored-Nation Treatment. The issuance of ASI itself is not listed under Appendix 1 of the DSU that regulates laws that are applicable and recognized as WTO norms under a WTO panel. The WTO panel has never adjudicated any cases relating to the issuance of ASI. This questions whether a WTO norm will be formed before the WTO panel and whether or not China has violated the principles of the WTO and the TRIPS Agreement.

Shepard’s Validation of Antitrust Relief Framework on Patent Infringement of Novartis’ Cancer Drug Using Genomic Architectures of Legal Literature based on UK Intellectual Property Law

Comparative law is designed for alignment of constitutional law with other countries advocating public welfare and safety. The United States has an Intellectual Property provision under U.S. Fair Clause using their constitution as pre-emptive doctrine. The aim of this paper is to evaluate the applicability of UK Intellectual Property Law based on their complexed policies on Artificial Intelligence. Hence, it leads to problem statements questioning: (1) the eligibility of matters of facts did not meet UK IP Law; (2) the standard for evidence towards invention using Artificial Intelligence does not conform with UK IP Law; (3) Liability in AI patent infringement is not subsistent in UK IP Law; and (4) AI’s compliance is not subject for responsibility under creativity and non-obviousness criteria. The Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement promotes public welfare and safety under constitutional laws. India, as a member, is obliged to comply with the standard of evidence in patentability under World Trade Organization (WTO). The WTO is a committee responsible for advocating business law. Invention for marketability of patent product has its own complexed policy to comply for acceptance of an Intellectual Property creation. Constitutional law is designed to be made comparable with other countries, promoting the monetary success of their nation exhibiting economic progress in industrial and technological advancements. Hence, authorless works marking artificial intelligence towards public health and safety must be done in lack of any dedication to human connections, resulting in immersion of their “new” product as a work of art, making non-obviousness skills to people as part of common logic and interests, hence, a product of convenience. This intergovernmental task force is vital to implement constitutional laws comparable to other countries. Hence, the advocacy of business ethics is a highly acknowledged means of making the lives of people to be technologically advanced with convenience. Thus, inventions should be made affordable for public access.

Pengaturan dan Penerapan Prinsip Teritorial dalam Perlindungan Indikasi Geografis Indonesia (Dalam Perspektif Hukum Internasional dan Nasional)

The principle of territoriality is one of the fundamental principles in Intellectual Property Rights (IPR) which is regulated in Trade Related Aspects of Intellectual Property Rights (TRIPS). This principle gives authority to the state to regulate IPR according to the circumstances and needs of the state. This territorial principle allows a country to design intellectual property laws in a way that is consistent with its goals. This study uses a normative juridical method with a statutory and comparative law approach. Regulations regarding territorial principles in the regulation of Geographical Indications (GI) are contained in Article 22 (1) TRIPs, where TRIPs are the basis for the rules (minimum standards) for regulating GI protection. In addition, GI protection is contained in the Lisbon Agreement for the Protection of Appeals of Origin and their International Registration 1958 and in the Madrid Protocol. Indonesia regulates GI protection in Law Number 20 of 2016 concerning Trademarks and Geographical Indications and in Government Regulation Number 12 of 2019 concerning Geographical Indications. Indonesia must regulate GI well because it has great potential to increase people's income. Apart from that, Indonesia must also register Indonesian GIs in the international registration room, so that there is no misuse in their use.

Trade-Related Aspects of Intellectual Property Rights Flexibilities and Public Health: Implementation of Compulsory Licensing Provisions into National Patent Legislation.

The protection of intellectual property (IP) rights, given international legal effect through the World Trade Organization (WTO) Trade-Related Aspects of IP Rights (TRIPS) Agreement, has long been a contentious issue. In recent years, the long-standing debate on IP rights as a barrier to the access of affordable medicines has been heightened by the global vaccine inequity evidenced during the COVID-19 pandemic. The TRIPS Agreement contains a number of flexibilities that WTO members can exploit in order to accommodate their policy needs. Among these is the mechanism of compulsory licensing, whereby patent licenses may be granted without consent of the patent holder in certain circumstances. TRIPS Article 31bis created a special mechanism for compulsory licenses specifically for the export of pharmaceutical products to countries with insufficient manufacturing capacity. We analyzed domestic patent legislation for 195 countries (193 UN members and two observers) and three customs territories. We analyzed patent legislation for provisions on compulsory licenses, including those defined in Article 31bis of the TRIPS Agreement. We identified 11 countries with no patent legislation. Of the 187 countries with domestic or regional patent laws, 176 (94.1%) had provisions on compulsory licensing and 72 (38.5%) had provisions implementing TRIPS Article 31bis. The results of this study have highlighted the gap in the implementation of TRIPS flexibilities in countries' national patent legislation, especially in least-developed countries. Although it will not fully solve patent barriers to the access of medicines, implementation of compulsory licensing (and specifically those for the import and export of pharmaceutical products) will provide governments with another tool to safeguard their population's public health. Further discussions are needed to determine whether the WTO can provide effective responses to future pandemics or global crises.