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  1. An examination of selected public health exceptions in Asian patent laws
    Author: Adachi, Kiyoshi
    Published: [2022]
    Publisher:  South Centre, Geneva, Switzerland

    This study examines the variations within Asia of two exceptions to patent rights that are commonly justified under Article 30 of the World Trade Organization (WTO) Agreement on Trade-related Aspects of Intellectual Property Rights (the TRIPS... more

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    ZBW - Leibniz-Informationszentrum Wirtschaft, Standort Kiel
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    DS 751
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    This study examines the variations within Asia of two exceptions to patent rights that are commonly justified under Article 30 of the World Trade Organization (WTO) Agreement on Trade-related Aspects of Intellectual Property Rights (the TRIPS Agreement), namely the research and experimentation exception and the regulatory review (or "Bolar") exception. Both these exceptions are important in the context of the 2001 Doha Declaration on the TRIPS Agreement and Public Health insofar as they are designed to provide flexibility to protect public health and support countries' overall scientific and technological aspirations. The study examines, from a comparative perspective, examples of these respective exceptions in patent legislation in South, Southeast and East Asia, and identifies peculiarities in the variations among countries in these sub-regions.

     
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    Source: Union catalogues
    Language: English
    Media type: Book
    Format: Online
    Other identifier:
    hdl: 10419/262127
    Series: Research paper / South Centre ; 152 (21 April 2022)
    Subjects: Access to Medicines; Article 30 TRIPS; Asia; Bolar; Doha Declaration on the TRIPS Agreement and Public Health; East Asia; Experimentation Exception; Flexibilities; Health; Intellectual Property; Patent; Public Health; Research Exception; South Asia; South East Asia; TRIPS; TRIPS Agreement
    Scope: 1 Online-Ressource (circa 32 Seiten)
  2. Eighteen years after Doha
    an analysis of the use of public health TRIPS flexibilities in Africa
    Author: Vawda, Yousuf A.; Shozi, Bonginkosi
    Published: 2020
    Publisher:  South Centre, Geneva

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    Signature:
    DS 751
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  3. Interpreting the flexibilities under the TRIPS agreement
    Author: Correa, Carlos María
    Published: [2021]
    Publisher:  South Centre, Geneva

    While the TRIPS Agreement provides for minimum standards of protection of intellectual property, it leaves a certain degree of policy space for WTO members, whether developed or developing countries, to implement the Agreement's provisions in... more

    Access:
    Verlag (kostenfrei)
    Verlag (kostenfrei)
    Resolving-System (kostenfrei)

    Location:
    ZBW - Leibniz-Informationszentrum Wirtschaft, Standort Kiel
    Signature:
    DS 751
    Inter-library loan:
    No inter-library loan

     

    While the TRIPS Agreement provides for minimum standards of protection of intellectual property, it leaves a certain degree of policy space for WTO members, whether developed or developing countries, to implement the Agreement's provisions in different manners, to legislate in areas not subject to the minimum standards under the Agreement, and to develop legal interpretations of such provisions to determine the scope and content of the applicable obligations. This paper focuses on some aspects of how panels and the Appellate Body of the WTO have interpreted said provisions. The paper also draws general conclusions for the implementation of TRIPS flexibilities, which are of crucial importance for the design of a pro-competitive intellectual property system and, in particular, for achieving public health objectives, as specifically recognized by the Doha Declaration on TRIPS and Public Health.

     
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