By Christopher Heath, Anselm Kamperman Sanders
Offers the papers of the 6th IP convention organised through the Macau Institute of eu experiences (IEEM) on highbrow estate legislations and the commercial demanding situations for Asia. This publication bargains with the results of unfastened alternate agreements for the overseas framework of highbrow estate legislation. part name web page; name web page; name verso; Preface; Contents; exact desk of Contents; at the Authors and Editors; half I: common concerns; I. creation; II. PLAN; III. the advance time table; IV. entry TO crucial drugs; V. obligatory LICENSING AND the flexibleness OFTHE journeys contract; VI. facts EXCLUSIVITY; VII. INCENTIVES FOR INNOVATION; VIII. the advance time table AND IPR coverage; IX. IN end; X. put up SCRIPT; I. advent; II. normal history OF FTAS; III. TRIPS-PLUS ideas AND THEIR IMPACTON entry TO medications; IV. TRIPS-PLUS ideas AND THEIR influence ON AGRICULTURE V. TRIPS-PLUS principles AND THEIR IMPACTON entry TO KNOWLEDGEVI. end; half II: legislation and coverage of Multilateral v Bilateral Agreements; bankruptcy three: The altering panorama of overseas highbrow estate; I. creation; II. journeys classes; III. fiscal research; IV. in the direction of A accomplished wisdom method; V. end; I. creation; II. basic evaluate: THE WTO AND FTAS; III. THE journeys contract AND FTAS; IV. OVERLAP OF NON-DISCRIMINATION PROVISIONS IN TRIPS,GATT AND GATS; V. THE PHENOMENON OF 'TRIPS PLUS' PROVISIONS; VI. THE position AND capability influence OF funding ideas VII. TECHNICAL guidance AND skill BUILDINGVIII. CONCLUSIONS; I. advent; II. the main OF nationwide remedy; III. THE MFN ideas IN GATT AND journeys; IV. analyzing COMPLIANCE-IP AND POSSIBLEDISCRIMINATION eventualities below GATT AND journeys; V. CONCLUDING precis; half III: FTAs and Patents; I. creation; II. THE CASE FOR AND opposed to PARALLELIMPORTATION of medications; III. MULTILATERAL CONSENSUS ON PARALLEL IMPORTATIONOF medication; IV. BILATERAL CONSENSUS ON PARALLEL IMPORTATIONOF drugs; V. end; bankruptcy 7: loose exchange Agreements, UPOV and Plant kinds I. INTRODUCTORY REMARKSII. FROM delusion TO REALITY-THE impression OF FTAS; III. THE CASE OF LATIN the USA- A comparability among journeys AND THE FTAA; IV. THE CASE OF PLANT BIOTECHNOLOGY: UPOV IN FTAS AND THE STRENGTHENING OF highbrow MONOPOLIES OVER AGRICULTURE; V. CONCLUDING feedback; half IV: FTAs and Copyrights; I. advent; II. unfastened alternate AGREEMENTS AND THE DMCA; III. HOW the U.S. IS EXPORTING THE DMCA PROVISIONS through FTAS; IV. WHY the U.S. IS EXPORTING THE DMCA PROVISIONS through FTAS; V. THE effect OF the united states EXPORTING DMCA PROVISIONS; VI. end APPENDIX 1-COMPARISON OF the overall IP AND THE COPYRIGHT PROVISIONS of contemporary US FTASAPPENDIX 2-COMPARISON OF DMCA PROVISIONS IN SUSFTA AND AUSFTA; I. worldwide development in the direction of unfastened exchange AGREEMENTS; II. highbrow estate safety AND FTA; III. THE US-KOREAN FTA AND KOREAN COPYRIGHT legislations; IV. end; half V: FTAs and Antitrust; I. advent; II. ANTITRUST legislations within the journeys contract; III. PARADIGM OF AN INTERFACE challenge: THE MICROSOFT CASE; IV. IP ANTITRUST legislation IN CUSTOMS UNIONS AND loose alternate components; V. end; Index
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Pdf on the dispute before the WTO with Brazil. html. org. 38 See the resolution adopted by the UN Sub-Commission on the Promotion and Protection of Human Rights, Intellectual Property Rights and Human Rights, UN Doc. 2/Res/ 2000/7. See also UN Commission on Human Rights Resolution, Access to medication in the context of pandemics such as HIV/AIDS, UN Doc. 4/RES/2001/33, of 23 April 2001, which was proposed by Brazil. ch/. pdf. 40 In terms of profit ranked by percentage return on revenues, pharmaceuticals rank first at over 18%.
Section 68 is unrelated to health or access to drugs, but instead is discriminating against all 34 On 1 February 2001, a WTO panel was established to hear the case (WT/DS199/1). The US position was that the compulsory licensing provision for non-working is in violation of Art 27(1) TRIPS, which prohibits Members of the WTO from requiring the local production of the patented invention as a condition for enjoying exclusive patent rights. The United States asserted that the ‘local working’ requirement contained in the Brazilian Patent Act can only be satisfied by the local production—and not the importation—of the patented subject-matter.
Bilateral trade negotiations with Thailand are ongoing. Negotiations for a bilateral agreement between the US and Thailand started in October 2003 when George W. Bush visited Bangkok for the summit of the Asia-Pacific Economic Cooperation (APEC) forum. While negotiations with Thailand are underway, the US is also looking at three other ASEAN countries (Indonesia, the Philippines, and Malaysia) as its next targets for bilateral FTAs. The US-Thailand deal will drive talks for similar agreements with other Southeast Asian nations.