International trade law Part 25

International Trade law Part 25

 

260

Schmitthoff’s Export Trade, The Law and Practice of International Trade (10th edn, 2000)
Leo D’Arcy, Carole Murray and Barbara Cleave
International Trade and Business Law Review
Volume 7, 2002 p.509

LAW JOURNAL / LAW REVIEW

261

International Law and Trade Agreements: Building A Sustainable Environment in the Hong Kong SAR
Berry F. C. Hsu
Virginia Environmental Law Journal
Volume 20, Number 4, 2001 p.549

LAW JOURNAL / LAW REVIEW

262

COMPULSORY LICENSING OF PHARMACEUTICALS UNDER TRIPS: WHAT STANDARD OF COMPENSATION?
Susan Vastano Vaughan
Hastings International and Comparative Law Review
Volume 25, Number 1, Fall 2001 p.87

LAW JOURNAL / LAW REVIEW

Harmonization of international intellectual property laws has been the object of considerable recent effort under both public international law and International trade law . The GATT Uruguay Round Agreement on Trade-Related Aspects of Intellectual Property (TRIPS) resulted in significant steps toward harmonization. The proper application of compulsory licensing of Patents under TRIPS has been the subject of much early debate. Proposed standards of compensation have been wildly divergent, reflecting the conflicting policy concerns of developed and developing nations. This Note provides an overview of the conflict between developed and developing nations over the proper reach of intellectual property rights. It then briefly discusses the evolution of international intellectual property regulations, with a focus on Patents . The Note defines and describes international regulation of compulsory licenses under TRIPS, and examines current national compulsory licensing statutes. The author discusses some proposed standards of compensation for compulsory licenses, and concludes with recommendations as to the appropriate approach to defining the standard of compensation for compulsory licenses under TRIPS.

263

Petersmann (ed.): International trade law and the GATT/WTO dispute settlement system
Peter Daview
International Journal of Evidence and Proof
Volume 5, Number 3, 2001 p.211

LAW JOURNAL / LAW REVIEW

264

ARGENTINA: THE NEW PATENT LAW AND THE AGREEMENT ON TRADE RELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHTS (TRIPS)
Silvia Fabiana Faerman
Southwestern Journal of International Law
Volume 8, Number 1, 2001-2002 p.157

LAW JOURNAL / LAW REVIEW

The TRIPS Agreement did not end conflicts concerning intellectual property protection, even after nine years of complicated negotiation. Instead, it marked the beginning of an era of new subtle conflicts among the signatory countries. Some member countries did not sufficiently protect intellectual property rights and had to enact legislation to meet the minimum standards set forth in the TRIPS Agreement. A significant problem, however, was that some of its provisions allowed for various interpretations, and thus weakened the protection sought by countries with strong R&D pharmaceutical industries. The Argentine Patent Law enacted in 1996 is one example of how a country struggles to comply with international rules (the minimum standards set forth in the TRIPS Agreement) while protecting the interests of its local industry.

265

TRIPS: International Trademark Law That Promotes Global Trade
Sanjeev Davé
Journal of Contemporary Legal Issues
Volume 12, Issue 1, 2001 p.458

LAW JOURNAL / LAW REVIEW

266

Compensation Versus Colonization: A Common Heritage Approach to the Use of Indigenous Medicine in Developing Western Pharmaceuticals
John L. Trotti
Food and Drug Law Journal
Volume 56, Issue 3, 2001 p.367-384

LAW JOURNAL / LAW REVIEW

Recently, pharmaceutical companies have turned to the abundant and diverse plant life of developing countries in search of natural compounds with powerful healing properties. To cut costs and streamline research, these companies rely increasingly on indigenous peoples and their remedies to locate naturally occurring medicinal compounds. This valuable cooperation, however, often goes unrewarded. Critics argue that the lack of patent protection for indigenous remedies under the Trade Related Aspects of Intellectual Property agreement (TRIPS) fosters this dynamic. As such, these critics view TRIPS as an imperialistic Codification of Western notions of property rights and technology. Thus, some advocate reforms for patent regimes. Instead of uncritically accepting patent rights as the solution to compensation for use of indigenous medicine in Western drug development, the international community should develop a common heritage approach similar to Part XI of the 1982 United Nations Convention on the Law of the Sea .

 

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

Mentioned in these Entries

Codification, International trade law, Patents, Trade law Part 25, United Nations Convention on the Law of the Sea, country.

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