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Patent Political Economy - Indian Lessons On Pharmaceutical Patent, Julien L. Chaisse, Samira Guennif
Patent Political Economy - Indian Lessons On Pharmaceutical Patent, Julien L. Chaisse, Samira Guennif
ExpressO
The Intellectual Property Rights (IPR) regime adopted by any country is essentially a tool that strives to ensure both the growth of the domestic pharmaceutical industry and people’s access to medicines. But, contrary to the very easily advanced theory, there is no paradox between the two. From this perspective, the Indian experience has shown that it is precisely the relaxation of its national IPR regime that promoted the growth of its domestic industry, thereby ensuring a better patient access to medicines. However, the globalisation process does not overlook any sector, which means that medicines too are submitted to the new …
Procedural Issues In The Anti-Dumping Regulations Of China: A Critical Review Under The Wto Rules, Won-Mog Choi, Henry S. Gao
Procedural Issues In The Anti-Dumping Regulations Of China: A Critical Review Under The Wto Rules, Won-Mog Choi, Henry S. Gao
Research Collection Yong Pung How School Of Law
Since the World Trade Organization (WTO) was established, China his made large-scale efforts to shape its trade remedy system through legal and organizational changes. Through these changes, China could clarify the meanings of WTO anti-dumping provisions including the provision relating to the definition of domestic industry. Moreover, procedural disciplines on reviews were fortified in Chinese anti-dumping system. While the overall improvements to the trade remedy system of China are evident, definitions of several key legal terms, including the concept of related producers, the negligible import standard, and adjustment factors for a fair comparison between normal values and export prices are …
Global Pharmaceutical Patent Law In Developing Countries- Amending Trips To Promote Access For All, Angela J. Anderson
Global Pharmaceutical Patent Law In Developing Countries- Amending Trips To Promote Access For All, Angela J. Anderson
ExpressO
This comment will analyze the need to amend and revise the current global pharmaceutical patent system under TRIPS to take into account the needs of developing countries and overall public health. This comment will emphasize that the current international trade rules, which although administered by the WTO, are dictated by developed country governments and powerful pharmaceutical companies, and therefore, without reform will further diminish the access of poor people in developing countries to vital medicines. Part II of this comment will provide a general overview of the international trade law governing patents on pharmaceuticals focusing specifically on the development of …
Anti-Dumping Sunset Reviews: The Uneven Reach Of Wto Disciplines, Bolormaa Tumurchudur, Olivier Cadot, Jaime De Melo
Anti-Dumping Sunset Reviews: The Uneven Reach Of Wto Disciplines, Bolormaa Tumurchudur, Olivier Cadot, Jaime De Melo
Olivier Cadot
The paper uses a new database on Anti-Dumping measures worldwide to assess whether the 1995 Uruguay Round Agreement on AD sunset reviews had any effect. Estimates from a count of revocations for a panel of AD-using countries over 1979-2005 show that a five-year cycle is more apparent after the WTO agreement than before, with the marginal propensity to revoke AD measures at five years jumping from 0-2% to 45%. A survival analysis of AD measures confirms that those covered by the agreement stick on average for shorter periods, and a semi-parametric difference-in-difference approach confirms a strong de-jure component to the …
Principles Of Fairness For International Economic Treaties: Constructivism And Contractualism, John Linarelli
Principles Of Fairness For International Economic Treaties: Constructivism And Contractualism, John Linarelli
Scholarly Works
No legal system deserving of continued support can exist without an adequate theory of justice. A world trade constitution cannot credibly exist without a clear notion of justice upon which to base a consensus. This paper examines two accounts of fairness found in moral philosophy, those of John Rawls and Tim Scanlon. The Rawlsian theory of justice is well-known to legal scholars. Scanlon's contractualist account may be less well-known. The aim of the paper is to start the discussion as to how fairness theories can be used to develop the tools for examining international economic policies and institutions. After elaborating …
What Do We Owe Each Other In The Global Economic Order?: Constructivist And Contractualist Accounts, John Linarelli
What Do We Owe Each Other In The Global Economic Order?: Constructivist And Contractualist Accounts, John Linarelli
Scholarly Works
No legal system deserving of continued support can exist without an adequate theory of justice. A world trade constitution cannot credibly exist without a clear notion of justice upon which to base a consensus. This paper examines two accounts of fairness found in moral philosophy, those of John Rawls and Tim Scanlon. The Rawlsian theory of justice is well-known to legal scholars. Scanlon's contractualist account may be less well-known. The aim of the paper is to start the discussion as to how fairness theories can be used to develop the tools for examining international economic policies and institutions. After elaborating …
A Theoretical And Political Analysis Of The Wto Appellate Body, Shoaib A. Ghias
A Theoretical And Political Analysis Of The Wto Appellate Body, Shoaib A. Ghias
Shoaib A. Ghias
Economic liberalization not only requires rules goveming economic exchange (such as multilateral trade agreements), but also institutions (such as courts) goveming how rules are enforced. However, once courts are established to govem economic exchange, they tend to expand their competence to political and social policy. Political scientists have used this theoretical framework to explain the evolution of national (for example the U.S. Supreme Court) and quasi-intemational (for example the European Court of Justice) judicial institutions. In this article, I explain how this model can be extended to a truly intemational "judicial" institution, the WTO's Appellate Body. In short, the Appellate …