International Patent Legislation And Developing Countries
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International Patent-Legislation and Developing Countries by Ulf Anderfelt Pdf
THE INTERNATIONAL PATENT-LEGISLATION AND DEVELOPING COUNTRIES A major concern today in many fields of international cooperation is the development of the nonindustrialized part of the world. This was not always so. Until fairly recently contacts among States were basi cally limited to diplomatic intercourse. The concept of State sovereign ty naturally led to the application of the principle of legal reciprocity between States. In the few areas outside diplomatic relations where international cooperation developed during the last century the same principle of legal reciprocity was applied. The cooperation that did take place was mostly among a limited number of Western States. In case countries outside this group wished to participate they were free to do so on accepting the traditional standards for such cooperation. Though a few countries, which today would have been or are known as develop ing countries, did join in various schemes of international cooperation, the majority of them remained outside. Moreover, a large number of States, which today are known as developing, did not exist as sovereign States at the time. One of the areas in which a system of international cooperation was set up in the latter part of the nineteenth century was that of patent protection.
Patent Law in Global Perspective by Professor Ruth L. Okediji,Professor Margo A. Bagley Pdf
Patent Law in Global Perspective addresses critical and timely questions in patent law from a truly global perspective, with contributions from leading patent law scholars from various countries. Offering fresh insights and new approaches to evaluating key institutional, economic, doctrinal, and practical issues, these chapters reflect critical analyses and review developments in national patent laws, efforts to reform the global patent system, and reconfigure geopolitical interests. Professors Ruth L. Okediji and Margo A. Bagley bring together the first collection to explore patent law issues through the lens of economic development theory, international relations, theoretical foundations for the patent law system in the global context, and more. Topics include: the role of patent law in economic development; the efficacy of patent rights in facilitating innovation; patents and access to medicines; comparative patentability standards (including subject matter eligibility for biotechnology and software inventions); limitations and exceptions to patent scope and protection (including exhaustion, compulsory licensing, and research exceptions); patents on plants and other living organisms; and the impact of emerging economies on global patent system governance. The contributors provide a wealth of original insight and thought-provoking discussion that will be of great interest and benefit to scholars, policymakers, and practitioners alike.
Intellectual Property and Public Health in the Developing World by Monirul Azam Pdf
Across the world, developing countries are attempting to balance the international standards of intellectual property concerning pharmaceutical patents against the urgent need for accessible and affordable medicines. In this timely and necessary book, Monirul Azam examines the attempts of several developing countries to walk this fine line. He evaluates the experiences of Brazil, China, India, and South Africa for lessons to guide Bangladesh and developing nations everywhere. Azam's legal expertise, concern for public welfare, and compelling grasp of principal case studies make Intellectual Property and Public Health in the Developing World a definitive work. The developing world is striving to meet the requirements of the World Trade Organization's TRIPS Agreement on intellectual property. This book sets out with lucidity and insight the background of the TRIPS Agreement and its implications for pharmaceutical patents, the consequences for developing countries, and the efforts of certain representative nations to comply with international stipulations while still maintaining local industry and public health. Azam then brings the weight of this research to bear on the particular case of Bangladesh, offering a number of specific policy recommendations for the Bangladeshi government—and for governments the world over. Intellectual Property and Public Health in the Developing World is a must-read for public policy-makers, academics and students, non-governmental organizations, and readers everywhere who are interested in making sure that developing nations meet the health care needs of their people.
Patent Rights in Pharmaceuticals in Developing Countries by Jakkrit Kuanpoth Pdf
The book engages with a broad range of new case studies, providing a detailed examination of options for the resolution of access-to-medicine issues at global, national and local levels. In addition, the book reflects the significant progress in international and national patent law and in international policy-making in this area.
United Nations. Secretary-General,United Nations. Department of Economic and Social Affairs
Author : United Nations. Secretary-General,United Nations. Department of Economic and Social Affairs Publisher : Unknown Page : 114 pages File Size : 51,8 Mb Release : 1964 Category : Developing countries ISBN : STANFORD:36105061157892
The Role of Patents in the Transfer of Technology to Developing Countries by United Nations. Secretary-General,United Nations. Department of Economic and Social Affairs Pdf
International Patent Law by Alexander James Stack Pdf
'For the newcomer to intellectual property, this book is a wonderful introduction to global innovation policy debates and the difficulties in identifying optimal patent strategies. For those in the field, the volume provides an engaging examination of the complex interactions among heterogeneous national priorities, demands for an efficient environment for global trade in knowledge-intensive assets, and the capabilities of various international institutions – particularly WIPO and the WTO – to foster the development of, and administer, sound international patent policy.' – Rochelle Dreyfuss, New York University School of Law, US 'In this book, Alex Stack raises and explores critically important questions with respect to this body of experience: When is international patent law cooperation and harmonization welfare-enhancing? What is the role of international institutions – WIPO and the WTO – in furthering such harmonization? Stack explores these questions from a global welfarist, rationalist perspective. Using tools from new institutional economics, he explores design implications for international institutions, focusing on WIPO and the WTO, analyzing grounds for international cooperation as collective action problems and applying historical, political and transaction cost analysis. . . This book provides a subtle, insightful, and original analysis of the evolution of institutional arrangements for the international harmonization of patent laws that will be of immense value to scholars and practitioners involved in international harmonization efforts in intellectual property and cognate areas of commercial law. It will surely quickly become accepted as the seminal reference work in these fields.' – From the foreword by Michael Trebilcock, University of Toronto, Canada When is international patent law cooperation and harmonization welfare-enhancing? What is the role of international institutions – WIPO and the WTO – in furthering such harmonization? This book explores these questions from a global welfarist, rationalist perspective. It grounds its analysis in innovation theory and a examination of patent law and prosecution, incorporating the uncertainty of patent law's impact on welfare at a detailed level, dynamic changes, the skewed nature of patent value and the difficulty of textually capturing patent concepts. Using tools from new institutional economics, it explores future design implications for international institutions, analyzing grounds for international cooperation as collective action problems and applying historical, political and transaction cost analyses. Academics, students and practitioners interested in international economic law, specifically in respect of patents, innovation and intellectual property, the TRIPs Agreement, the WTO and WIPO will find this book essential. It will also prove insightful for researchers whose primary background is in international relations or international political economy, but are seeking an introduction to the patent and intellectual property field.
This book investigates whether it is possible to execute the disclosed technologies just by reading the patent application. Nefissa Chakroun argues that while TRIPS Agreement obliges inventors to disclose full and complete disclosure, patent information users lack the capacity to fully utilise such information for their economic development. The book offers a critical analysis of the disclosure requirements of the patent system as well as an in-depth examination of the ways in accessing and retrieving patent information. Chakroun articulates proposals for strengthening the disclosure and methods for enhancing retrieval and exploitation of the technological knowledge, including an integrated policy on how patent information could be better utilised for development
A Global Solution for the Protection of Inventions by Esteban Donoso Pdf
Is the current global legal system for patents really universal, fair, and effective? Author Esteban Donoso addresses this question in A Global Solution for the Protection of Inventions. Sharing the results of an extensive study, Donoso analyzes the legal nature of intellectual property, industrial property, and patents and reviews the evolution and background of the current global legal scenario of the protection of inventions. The study also identifies the main flaws, strengths, and virtues of the current system and examines the international instrument governing patents. Donoso then introduces a corrective action plan and addresses the compatibility of the proposal in regard to free trade, technology transfer, and the least possible market distortion. A Global Solution for the Protection of Inventions seeks to correct the deficiencies that exist in the current patent system by introducing a differentiated protection period granted by a patent according to the economic capacity of each country and demonstrates that this action is necessary to make the global agreement governing the system just and effective.
Guide for Developing Countries on the Examination of Patent Applications by World Intellectual Property Organization Pdf
This guide is published as part of the work of the WIPO Permanent Committee for Development Cooperation Related to Industrial Property. Its purpose is to assist the competent officials of the industrial property offices of developing countries in the examination of patent applications.
Patent and Trade Disparities in Developing Countries by Srividhya Ragavan Pdf
In Patent and Trade Disparities in Developing Countries, Srividhya Ragavan examines the interaction between trade and intellectual property regimes (using the patent regime in India as the focal point) in an integrated developmental framework to determine how sustainable economic growth can be achieved in developing countries.
Intellectual Property Rights and Agriculture in Developing Countries by Jeroen van Wijk Pdf
The proceedings of a seminar on the impact of plant breeders' rights in developing countries. Includes: the results of a study on plant breeders' rights in five Latin American countries; update of a 1983 study on plant breeders' rights in the U.S.; testing distinctness, uniformity & stability for plant variety protection; farmers' privilege, breeders' exemption & the essentially derived varieties concept; licensing of protected plant varieties -- international practice; possible effects of recent developments in plant-related intellectual property protection in Europe & the U.S.; & intellectual property rights & agriculture -- strategies & policies for developing countries.