Trade Related Aspects of Intellectual Property Rights Agreement (TRIPS)

Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) 1994

2012

TRIPS Agreement acknowledged that some licensing restrictions contained in a patent license contract may contravene the principles of competition law. Hence, adoption of appropriate measures to address issues concerning patent license which relates with competition law has been expressly provided by the TRIPS Agreement in its various provisions. Malaysia as a signatory of the TRIPS Agreement is expected to comply with the recommendations in addressing issues concerning patent license and competition law. Therefore, it is the purpose of this article to identify extends of compliance by Malaysia with respect to the suggestions provided by the TRIPS Agreement. The result shows that Malaysia adopts the recommendations provided by the TRIPS Agreement in its legislation, particularly the Patents Act 1983. Contribution/ Originality: This study contributes in the existing literature on patent and competition law as a result of a new law introduced by the Malaysian government known as the Competition Act 2010 and the recent Malaysia Competition Commission (MyCC) Guidelines on Intellectual Property Rights and Competition Law.

An Overview on: Trade-Related Aspects of Intellectual Property Rights

2011

The World Trade Organisation’s (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) substantially changed the international intellectual property regime by introducing the principle of minimum intellectual property standards. In effect, this principle means that any intellectual property agreement negotiated subsequent to TRIPS among and/or involving WTO members can only create higher standards – commonly known as “TRIPS plus”. The TRIPS-plus concept covers both those activities aimed at increasing the level of protection for right holders beyond that which is given in the TRIPS Agreement and those measures aimed at reducing the scope or effectiveness of limitations on rights and exceptions. Such intellectual property rules and practices have the effect of reducing the ability of developing countries to protect the public interest and may be adopted at the multilateral, plurilateral, regional and/or national level. The TRIPS Agreement addresses a wide ran...

1996

There does not seem to be a widely held view among WTO members of the proper role and scope of TRIPS. One of the main reasons why TRIPS is controversial is because it allocates rights in innovation, some would say beyond the bounds of what a trade agreement should seek to do. The lines of the debate are often conceptualized in terms of 'developing' versus 'developed' country differences. One of the major areas of disagreement is how TRIPS deals with rights in biotechnology. Some developing countries are relatively rich in biodiversity and traditional knowledge but poor in capital and scientific expertise, while some developed countries are headquarters to firms developing this biodiversity and traditional knowledge into commercially exploitable forms of intellectual property. This paper examines how the European Community comes to this debate. It reviews the institutional history of the positions of the European Community and other WTO members during the ministerial conferences succeeding the Uruguay Round. It examines European law relating to biotechnological innovation, in search of European policy coherence on the subject. It also explains the European view of the Convention on Biological Diversity and the European Community's take on how the CBD relates to TRIPS. The European Community position on TRIPS coverage of biotechnological innovation does not depart significantly from the United States position or from the position of the Quad group of countries generally. Given the highly contentious nature of the subject and the sometimes-vociferous developing country opposition to strong intellectual property protection, it is likely that TRIPS and biotechnology will be one of the more hotly contested topics of the Doha Round.

Mirësi Çela - Trade Related Aspects of Intellectual Property Rights and Developing countries

The Trade Related Aspects of Intellectual property rights protection (TRIPS) Agreement, signed in 1994 as a founding element of the WTO, represents the most important attempt to establish a global harmonization of Intellectual Property protection. The purpose of this paper is to give an overview of the international aspects of IPRs, with particular reference to the effects of the TRIPS Agreement, which has been described as “the most significant international undertaking on IPR in history”. This paper is mainly descriptive in character. It only attempts to give some aspects of TRIPS and effects in developing countries and which are some of the conventions that protect intellectual property (IP) in the trade system. TRIPS Agreement has three main components, which relate to standards of protection, enforcement and dispute settlement. It does not establish a universal IPR system, instead, it lays down a set of minimum standards for the legal protection of IP that WTO members are expected to comply with. Is TRIPS pro trade? Who will benefit and who will lose from its implementation? These are questions that arise from scholars of developed and developing countries. Finally some conclusions from developing countries perspective derive from the analysis. Keywords: Intellectual property, trade, TRIPS Agreement, developing countries

General Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPs

2016

We construct a two-country (innovative North and imitating South) model of product-cycle trade, fully endogenous Schumpeterian growth, and national patent policies. A move towards harmonization based on stronger Southern intellectual property rights (IPR) protection accelerates the long-run global rates of innovation and growth, reduces the North–South wage gap, and has an ambiguous effect on the rate of international technology transfer. Patent harmonization constitutes a suboptimal global-growth policy. However, if the global economy is governed by a common patent policy regime, then stronger global IPR protection: (a) increases the rates of global innovation and growth; (b) accelerates the rate of international technology transfer; and (c) has no impact on the North–South wage gap.

INTELLECTUAL PROPERTY RIGHTS AND COMPETITION LAW: Exploring Some Issues Of Relevance In The Light Of Trips

Although patents for inventions are granted as a policy tool meant to foster the innovations and to protect the interest of the inventors, the relationship between the IPRs and disciplines regulating competition has always been a debated one. The increased international relations among the nations by way of travel, trade and capital movement has added to the significance of patent and patent laws, at the same time with the industrialization and grant of patent the issue of controlling the monopolistic power associated with IPRs in order to enhance consumer welfare has also gained momentum. However in the absence of any uniform international dimension over competition policies, the relationship between IPRs and competition law has become complex and inadequate one. The grant of unified global flexible guidelines on competition policies under the patronage of WTO would definitely go long way in complementing the two different levels of market regulation both for developed and developing nations.

Cambridge University Press eBooks, 2009

WTO TRIPS and its effect on the supply and development of medicines in China A recent conference at the University of Hong Kong just prior to the December 2005 World Trade Organization (WTO) talks renewed attention on the WTO's Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), in particular in relation to China. Here we provide an introduction to TRIPS, discuss compulsory licensing, and take two angles to view how TRIPS affects the supply and development of medicines in China. We look at both recent positive developments in the Chinese pharmaceutical and biotechnology industry, and also at how TRIPS can hamper the supply of medicines using HIV treatment as an example.

Trade Related Aspects of Intellectual Property Rights Agreement (TRIPS) (original) (raw)

Related papers