I. INTRODUCTION Uruguay Round of trade negotiations was one of the most fundamental changes in global trade policy set out where it has made all the World Trade Organization (WTO) Members to comply with the requirements of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). TRIPS lay down minimum standards of protection of intellectual property rights (IPR) which are mandatory for WTO member countries for implementation. The TRIPS Agreement was signed in Marrakesh, Morocco, on 15 April 1994, on the outset of Paris Convention through Article 2 of TRIPS. TRIPS agreement has framed its objectives and principles in Articles 7 and 8 which ought to be followed by the member countries. The objectives of TRIPS are enshrined as dissemination of technology transfer and promotion of technological innovation to the mutual advantage of producers and users of technological knowledge and in a manner that it contributes to socio- economic welfare, and to have balance between rights and obligations. The principles of TRIPS highlight that the members countries to formulating or amending their laws and regulations, adopt measures necessary to protect nutrition and public health, and to boost the public interest in sectors of vital importance to their technological development and socio-economic, in a manner coherent with the provisions of TRIPS Agreement. However, it allows little flexibility within its provisions for member countries to take effective steps to meet the healthcare needs, especially to Least Developed Countries (LDCs) and developing countries. And since India is a member of World Trade Organization (WTO), it has to comply with all rules of the TRIPS Agreement. It was on April 15, 1994 that 117 nations ... ... middle of paper ... ...TRIPS patent laws in the important public health issue. RESEARCH METHODOLOGY This Dissertation, titled “Impact of TRIPS on Indian patent regime with reference to pharmaceutical sector” has been written and based on doctrinal method of research which involves the collection of data from secondary sources, like books written by authors and articles found in journals and websites. No empirical research methodology is employed in this work. Library sources and Internet has provided with a major contribution of most relevant and latest information on the web, which helped to explore the subject through various dimensions. NALSAR University of Law, Hyderabad and library’s e- resources like Westlaw, Hein online have played a crucial role for the researcher to bring out materials for dissertation. Throughout this paper researcher has followed a uniform mode of citation.
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The patent system grants an exclusive right of manufacturing, selling, and profiting from a specific invention. It is designed with the purpose of providing advance research and development and to encourage broader economic activity; however, complete disclosure is required in exchange for the twenty year protection to become monopoly.
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Alexander Morris, a Canadian politician serving under John A. Macdonald, began the signing of Treaty 6 in August of 1876. Treaty 6 was signed in Fort Carlton Saskatchewan, near a river the Aboriginal people called ka-kisiskaciwan, with around two thousand Plains Cree, Woodland Cree, and Assiniboines peoples present (“Treaty 6”, 2005). Aboriginal peoples of the West were dying from smallpox and their buffalo were down to two known herds in the Cypress Hills (“Treaty 6 education”, 2015), this resulted in additional clauses unique to treaty 6; the Medicine Chest clause, symbolic as it represents Canada’s responsibility to care for the health and wellness of the Indigenous peoples in perpetuity, and the Pestilence
The multi-national elite has seized for itself all privileges to create and innovate at the expense of the developing countries, who can no longer access the information and technology necessary to alleviate the suffering and privations of their citizens. The developing world has become the consumer of information, technology, drugs and research. It has become a market for the developed world. The law of intellectual property which is meant to incentivize innovation has been turned into a system of retarding innovation by perpetrating monopolies and a protectionist business
Although monopolies appear damaging at times, there are arguments that they are an advantage to society. Monopolies in the pharmaceutical industry drive companies to pursue research and development (R&D) efforts to gain new patents. According to a 1992 study, among the 24 US. Industry groups, pharmaceuticals dedicated 16.6% of their amounts to basic research, while all other industries averaged at 5.3% (Sherer 1307). This fact validates the incentive pharmaceutical companies have to get a patent and acquire more power. Pfizer encourages R&D because of the incentives and a want to obtain patents to receive more profit. Pfizer has to promote itself to be successful, creating a good brand image that consumers will trust. If the company can advertise successfully, more consumers will purc...
The time and cost it takes to put a drug through the trials as well as the FDA’s regulations make the rarely successful process a huge commitment for these drug companies. Next, the author compares the cost of drugs to the amount of lawsuits the companies receive. There are many risks to mass-producing drugs and with the FDA siding with Public Safety, the author states that drug companies can lose a lot of money. This is because the FDA is not willing to take any risks in approving drugs due to the repercussions being so severe, The final idea the author discusses is the process of research itself. The drug companies revenue is put towards developing new drugs that will help the public. This can be a very costly process which is why a lot of money is needed to support the research. Epstein’s purpose in writing this article is to defend the rising costs of pharmaceutical drugs in order to get people to understand the drug companies point of view and contributions to society. This article can be considered credible because it comes from Opposing Viewpoints in Context. This is a very reliable database for gathering
” Seeing the economic-development tactic that developing countries employ, it is in the developing countries’ best interests to stop them. Under vigorous lobbying by the United States and other developed countries, TRIPS, Trade-Related Aspects of Intellectual Property Rights, was negotiated in 1994. TRIPS Agreement covers copyright, related rights, trademarks, geographical indications, industrial designs, patents, layout-designs of integrated circuits, and undisclosed information (“Overview of TRIPS”). In order to be a member of the World Trade Organization, a country must agree to the TRIPS Agreement and provide protection to intellectual property in the above areas. The ratification of TRIPS Agreement impacted the present situation of Intellectual Property because this is the agreement that enforced Intellectual Property Protection worldwide with 164 members (“Membership”), and the debate between developing countries and developed countries could only have been prompted because of the global implementation of Intellectual Property Rights Protection. If Intellectual Property Rights were never globally protected by the TRIPS Agreement, developing countries would have continued with imitating and would never have argued
Pharmaceutical patents are patents for inventions within the pharmaceutical industry. Patents give exclusive rights for an invention for a product or a process of making a product [1]. There are many aspects to patents in the pharmaceutical industry that are both pros and cons; it just depends on what industry you are in. Pharmaceutical companies take out patents so they can regulate the market and restrict competition from other companies. By obtaining patents pharmaceutical companies also attract investment. In addition to this pharmaceutical companies can also regulate the price of the drug as they will be the only company selling that drug. However these aspects of patents can adversely affect the generics industry. The generics industry cannot make or sell drugs that are patented but once a patent licence expires, both the generics industry and the WHO see increased benefits as drugs become more widely available around the world (i.e. developing countries) at a lower price. Here we will discuss the pros and cons of patents from the point of view of the pharmaceutical industry, generics industry and the WHO.
It provides a very important place for the protection of States of copyright and related rights. Indeed, Art. 9 (2) of the TRIPS Agreement states that: “copyright protection shall extend to expressions and not to ideas, procedures, methods of operation or mathematical concepts as such”. It obliges Members to grant authors and their assigns the right to authorize or prohibit the commercial rental to the public of originals or copies of their copyrighted works. The TRIPS agreement undeniably affects the commercial aspects of literary and artistic property rights by referring to the rental and reproduction rights of computer programs and data compilations. It obliges Members to grant authors and their assigns the right to authorize or prohibit
In an interview in 1999, Martin Khor, the director of the Third World Network and the author of Malaysian Economy: Structures and Dependence, says that the WTO is an organization dominated by powerful nations, where key decisions are usually made in informal meetings in which only a few rich countries are invited (Khor). Then, agreements are announced that poor countries did not know were being discussed. Many developing countries do not have the capacity to follow the negotiation and participate actively. This seriously disadvantages those countries from representing their interests. President Obama promises developing countries joining the TPP that their voice would be heard frequently. This indeed will help those nations to act in their best interest better than passively following the WTO’s
Because tourism is a mixture of industries, tourism destination management techniques need to take a holistic approach to develop tourism sites successfully.
Tourism is an important and intricate element to society. It affects economical, social, cultural and environmental elements. Tourism can be argued to have a negative impact on the environment and decrease our already depleting resources, but tourism can also be argued to be a major contributor to strengthening economies, spread cultural traditions and improve people’s lives. Tourism
There is nothing quite like traveling, going someplace new and finding out more about the world and yourself. Anyone can become a traveler it just takes a little bit of faith and courage. Traveling across the world or even across the country is a learning experience. When you are a traveler you see how people live and how different cultures work. It is the best educational experience you could give yourself. You see how the world works in a way no one can teach you. Seeing different cultures and people help build the person you want to be. If you are a traveler the world influences you, because when traveling, you see the good and the bad, and you learn from the right and the wrong. I am very lucky that I am able to be a traveler and see this