Innovation, Intellectual Property, and Development: A Better Set of Approaches for the 21st Century

 Posted by on October 20, 2017  Comments Off on Innovation, Intellectual Property, and Development: A Better Set of Approaches for the 21st Century
Oct 202017
 

Dean Baker[1], Arjun Jayadev[2] and Joseph Stiglitz[3]  | Full Paper (CC-BY)

Introduction:  The twenty first century global economy will differ from that of the twentieth in at least two critical ways. First, the weight of the developing world in the global economy will be substantially higher. In particular, emerging economies such as China, Brazil, India and South Africa will have a more important role to play based on their pace of growth. Second, the ‘weightless economy‘ – the economy of ideas, knowledge and information – will become an increasingly important fraction of economic output and ever more important for economic growth and development, both in developed and developing economies.

These two facts alone would suggest that economic institutions and laws created in the twentieth century, to manage the growth of currently advanced industrialised economies, will be increasingly inadequate to govern global economic activity. Nowhere is this more evident than in the area of intellectual property rights (IPRs). Continue reading »

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Sep 292017
 

Author: Peter Yu

Abstract: In 1982, China promulgated its first modern intellectual property law, offering protection to trademarks. Since then, China adopted the Patent Law in 1984, the Copyright Law in 1990 and the Anti-Unfair Competition Law in 1993. In December 2001, China finally became a member of the WTO, assuming obligations under the TRIPS Agreement. One can certainly debate about the actual age of the modern Chinese intellectual property system, but it will not be too far-fetched to suggest that the system began in the early to mid-1980s and is now entering, or approaching, its middle age. What exactly does a middle-aged Chinese intellectual property system mean? Will the system hit its prime? Or is it about to face a hard-to-predict mid-life crisis? Continue reading »

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WTO Members Approve TRIPS Non-Violation Extension, Debate E-commerce Language

 Posted by on November 26, 2015  Comments Off on WTO Members Approve TRIPS Non-Violation Extension, Debate E-commerce Language
Nov 262015
 

ictsd-160pxWTO negotiators have agreed to extend a moratorium on “non-violation and situation” complaints under the organisation’s intellectual property rules for an additional two years, forwarding the planned decision to the global trade body’s upcoming ministerial conference for adoption. The news comes as WTO members continue discussing the extension of another moratorium on customs duties on electronic commerce, as well as a decision regarding next steps for an ongoing, related e-commerce work programme. These are also being eyed as outcomes for the ministerial, scheduled for 15-18 December in Nairobi, Kenya. Continue reading »

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Sep 212015
 

Monril-Azam-150x150Author: M. Monirul Azam

Abstract: This study analyzes the policy options used by Brazil, India, and South Africa in their transition to a TRIPS-compliant patent law and the introduction of pharmaceutical patents. This comparative review can be used to explore possible policy options that could also be utilized by Least Developed Countries, including Bangladesh. Continue reading »

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Intellectual Property and Trade in a Post-Trips Environment

 Posted by on June 23, 2015  Comments Off on Intellectual Property and Trade in a Post-Trips Environment
Jun 232015
 

Henning Grosse Ruse-KhanForthcoming in H Ullrich, R Hilty, M Lamping, J Drexl, TRIPS plus 20 – From Trade Rules to Market Principles, Springer (2015) Max Planck Institute for Innovation & Competition Research Paper No. 15-05.

Abstract: In the 1980s, significant differences in the levels of intellectual property (IP) protection around the globe triggered unilateral responses of the US as the key demandeur for stronger IP rights. Aspects of this IP unilateralism in turn served as a trade barrier for the importation of goods from other countries into the US. Some of these US measures were successfully challenged as a breach of international trade rules under GATT. Continue reading »

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World Health Organization Statement on Proposed Extension of TRIPS Transition Period for Least Developed Countries

 Posted by on June 15, 2015  Comments Off on World Health Organization Statement on Proposed Extension of TRIPS Transition Period for Least Developed Countries
Jun 152015
 

who-logoStatement at the WTO TRIPS Council, June 2015Agenda Item: Request of Least Developed Country WTO Members with Respect to the Extension of the Transition Period for Pharmaceutical Products

Universal health coverage is the central  policy objective in global public health and part of the future UN Sustainable Development Goals. Universal health coverage means that all people obtain the full spectrum of essential, quality health services they need without suffering financial hardship. This requires a strong, efficient, well-run health system that meets priority health needs through people-centred integrated care. Health systems must provide for a system for financing health services, a sufficient capacity of well-trained health workers and be able to ensure access to safe, effective and affordable essential medicines and technologies. Continue reading »

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Joint Letter by Over 70 Civil Society Groups: WTO Is Obliged Under TRIPS Art. 66.1 to Grant LDC Request for TRIPS Extension

 Posted by on June 1, 2015  Comments Off on Joint Letter by Over 70 Civil Society Groups: WTO Is Obliged Under TRIPS Art. 66.1 to Grant LDC Request for TRIPS Extension
Jun 012015
 

wto-logo[Joint Letter from 70 civil society groups to the Members of the World Trade Organization, PDF] As civil society organizations concerned with ensuring prompt availability of affordable medicines in Least Developed Countries (LDCs) we call on WTO Members to unconditionally accord the LDC Group an extension of the transition period with respect to pharmaceutical products and waivers from obligations under Article 70.8 (mailbox obligation) and Article 70.9 (exclusive marketing rights) as requested in their duly motivated request to the TRIPs Council (IP/C/W/605). Continue reading »

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Intellectual Property Rights and Access to Innovation: Evidence from TRIPS

 Posted by on April 22, 2015  Comments Off on Intellectual Property Rights and Access to Innovation: Evidence from TRIPS
Apr 222015
 

margaret-qianAuthors: Margaret Kyle and Yi Qian

Abstract: We examine the effect of pharmaceutical patent protection on the speed of drug launch, price, and quantity in 60 countries from 2000-2013. The World Trade Organization required its member countries to implement a minimum level of patent protection within a specified time period as part of the TRIPS Agreement. Continue reading »

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Legal Innovation in International Intellectual Property Relations: Revisiting Twenty-One Years of the TRIPS Agreement

 Posted by on April 13, 2015  Comments Off on Legal Innovation in International Intellectual Property Relations: Revisiting Twenty-One Years of the TRIPS Agreement
Apr 132015
 

okediji-ruthAuthor: Ruth Okediji

Abstract: An explicit goal of the 1994 TRIPS Agreement was to secure export markets for a wide variety of knowledge goods in which industrialized countries had long held a competitive advantage. In more fundamental terms, however, the TRIPS Agreement sought to reshape the conditions of future global competition, particularly the extent to which developing countries could use intellectual property (IP) as a form of industrial policy in pursuit of strategic development objectives. Continue reading »

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UNITAID NGO Delegation Expresses Strong Support for LDC Pharmaceutical Extension Request at WTO TRIPS Council

 Posted by on March 10, 2015  Comments Off on UNITAID NGO Delegation Expresses Strong Support for LDC Pharmaceutical Extension Request at WTO TRIPS Council
Mar 102015
 

BrookBakerThe NGO delegation to the Board of UNITAID offers its strong support for the proposal of WTO least developed country Members to extend the transition period for enforcing protections for pharmaceutical related patents and clinical data “for as long as the WTO member remains a least developed country.”  The proposal, IP/C/W/605, was offered by Bangladesh on behalf of LDCs at the 24-25 February 2015 meeting of the WTO TRIPS Council and will be taken forward at its next 1 June 2015 meeting.

In addition to seeking an unconditional extension of the current pharmaceutical transition period set to expire on 1 January 2016, the LDCs also seek a waiver from the General Council with respect to two additional transition measures, namely mailbox and exclusive marketing rights provisions under Articles 70(8) and 70(9) of the TRIPS Agreement. Continue reading »

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Counterfeit, Trademarks, and Copyright Top the Agenda at TRIPS Council

 Posted by on June 15, 2012  Comments Off on Counterfeit, Trademarks, and Copyright Top the Agenda at TRIPS Council
Jun 152012
 

Last week’s meeting of the WTO’s Council on Trade-Related Aspects of Intellectual Property Rights (TRIPS) saw talks proceed on a host of issues, including counterfeit goods, exceptions and limitations to copyright, and a long-running dispute over a Cuban rum trademark.

US, Japan table submissions on counterfeit goods

The topic of counterfeit goods resurfaced at the 5 June meeting, with several developed countries – including the EU, Canada, Mexico, South Korea, and Switzerland – arguing that such products can have serious health and safety implications. Continue reading »

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May 242012
 

Recently, Inside U.S. Trade reported that Australia, New Zealand and Singapore have proposed replacing some elements of the U.S. proposed TPP chapter on IP with provisions from ACTA.   The table below compares the provisions from the two texts (as well as with TRIPS and the U.S.-Chile Free Trade Agreement). Overall, the comparative analysis shows that TPP contains a plethora of TRIPS-plus provisions as well as ACTA-plus and Chile FTA-plus provisions.

The chart is organized in the following order of categories:  General Provisions; Scope; Special Measures Relating to Enforcement in the Digital Environment; Technological Protection Measures; Criminal Enforcement; Provisional Measures; Civil and Administrative Procedures and Remedies; Special Requirements Related to Border Enforcement; Rights Management Provisions.

This table is the product of work by multiple PIJIP fellows, including myself, Carrie Ellen Sager, and Sophia Castillo.

Click here to download the table.

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