Digital Commons Network^™

Two Decades Of Trips In China, Peter K. Yu

Faculty Scholarship

This chapter reviews China’s engagement with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) in the past twenty years. It begins by highlighting TRIPS-related developments in the first decade of China’s WTO membership. The chapter then discusses the country’s ‘innovative turn’ in the mid-2000s and the ramifications of its changing policy positions. This chapter continues to examine the US-China trade war, in particular the second TRIPS complaint that the United States filed against China in March 2018. It concludes with observations about the impact of the TRIPS Agreement on China, China’s impact on that agreement and how the …

Intellectual Property Rights And Competition Law For Transfer Of Environmentally Sound Technologies, Mahatab Uddin

Pace International Law Review

Battling against climate change, “a common concern of humankind,” is the most prominent global challenge of this century, and Environmentally Sound Technologies (“ESTs”) are the main tools to fight this battle. This article examines the juxtaposed role of Intellectual Property Rights (“IPRs”) and competition laws in facilitating wide-scale innovation and transfer of ESTs in developing and least developed countries. This article covers diverse IPRs, including patents and trade secrets. The discussion and analysis of the IPRs are based on the Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS”). And the discussion on competition law mainly focuses on competition related …

Access To Medicines And Pharmaceutical Patents: Fulfilling The Promise Of Trips Article 31bis, Ezinne Miriam Igbokwe, Andrea Tosato

All Faculty Scholarship

The Agreement on Trade-Related Aspects of Intellectual Property (TRIPS) is one of the cornerstones of the World Trade Organization (WTO). TRIPS requires all WTO member countries (Members) to adopt minimum standards for the protection of intellectual property (IP). This international treaty is highly controversial. Its critics claim that TRIPS imposes a wealth transfer from poorer Members (net IP importers) to richer ones (net IP exporters). Its supporters maintain that trade between developing and developed economies cannot thrive without an internationally-harmonized IP framework. The most contentious issue has long been the impact of the TRIPS patents regime on access to medicines. …

Academic Espionage: How International Trade Law Can Protect Higher Education, Cameron Keen

Georgia Journal of International & Comparative Law

No abstract provided.

Triping On Trade Secrets: How China’S Cybertheft Of U.S. Trade Secrets Violated Trips, Kassidy Schmitz

American University International Law Review

No abstract provided.

Facilitating Access To Cross-Border Supplies Of Patented Pharmaceuticals: The Case Of The Covid-19 Pandemic, Frederick M. Abbott

Scholarly Publications

The COVID-19 pandemic has brought into stark relief the gaps in global preparedness to address widespread outbreaks of deadly viral infections. This article proposes legal mechanisms for addressing critical issues facing the international community in terms of providing equitable access to vaccines, treatments, diagnostics, and medical equipment. On the supply side, the authors propose the establishment of mandatory patent pools ('Licensing Facilities') on a global or regional, or even national basis, depending upon the degree of cooperation that maybe achieved. The authors also discuss the importance of creating shared production facilities. On the demand side, the authors propose the establishment …

Afghanistan Legislative Commitments To The Wto: A Deeper Look At Afghanistan's Compliance With Trips, Hafizullah Seddiqi

Indiana Journal of Global Legal Studies

In 2016, Afghanistan formally acceded to the World Trade Organization (WTO) to improve its worldwide trading prospects. However, this journey began much earlier. To join the WTO, one of Afghanistan's commitments was to reform its then-existing trademark laws. Intellectual property (IP)-related laws are, in general, one of the fields that countries must reform prior to joining the WTO, so as to be in accordance with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). While Afghanistan has enacted some IPrelated statutes, including the 2009 Law on Trade Marks Registration, it continues to fall short of conforming to TRIPS because …

What Is The Trade-Off: Are New Trade Deals Worth The Changes To Pharmaceutical Patents?, Kaitlyn Carter

Marquette Intellectual Property Law Review

None.

World Trade, Imperial Fantasies And Protectionism: Can You Really Have Your Cake And Eat It Too?, Csongor I. Nagy

Indiana Journal of Global Legal Studies

Populism is telling voters what they want to hear, knowing that it is neither true, nor feasible. Lately, trade and economic integration has seen the spread of untrue and unfeasible tenets, which have proved to be highly popular and have received a warm welcome. Fueled by imperial fantasies and nostalgia for the long-gone era of protectionism, the tectonic movements of world trade have generated a good deal of populist resistance based on the self-delusion that the Gordian knot of world trade needs not to be disentangled but can be simply cut. Unfortunately, however popular and appealing these allegations are, they …

Strength In Intellectual Property Protection And Foreign Direct Investment Flows In Least Developed Countries, James Thuo Gathii

Georgia Journal of International & Comparative Law

No abstract provided.

The Investment-Related Aspects Of Intellectual Property Rights, Peter K. Yu

American University Law Review

No abstract provided.

History, Trips, And Common Sense: Curbing The Counterfeit Drug Market In Sub-Saharan Africa, Hannah Elizabeth Jarrells

Georgia Journal of International & Comparative Law

No abstract provided.

Trips-Plus, Public Health And Performance-Based Rewards Schemes Options And Supplements For Policy Formation In Developing And Least Developed Countries, Mohammed K. El-Said

American University International Law Review

No abstract provided.

Pirates Or Privateers: Examining The Risks Of Conflicting International Regimes Through The Lens Of U.S.-Gambling, Eric A. Heath

Georgia Journal of International & Comparative Law

No abstract provided.

Regulatory Flexibilities And Tensions In Public Health And Trade: An Asian Perspective, Locknie Hsu

Research Collection Yong Pung How School Of Law

Regulatory issues relating to public health are a source of tensions in recent trade and investment negotiations, treaties and disputes. Issues arising from the intersection between public health regulation and trade and investment treaties have given Asian states pause for thought. They have led to a critical need to confront the scope and meaning of legal obligations vis-a-vis public health and regulatory objectives, and their implications for stakeholder interests. The intersection and resulting tensions have already led the WTO, WHO and WIPO to work together in an unprecedented manner to address some of the issues at the global level. The …

Corporate "Human Rights" To Intellectual Property Protection, J. Janewa Osei Tutu

J. Janewa Osei-Tutu

Champagne Or Champagne? An Examination Of U.S. Failure To Comply With The Geographical Provisions Of The Trips Agreement, Leigh Ann Lindquist

Georgia Journal of International & Comparative Law

No abstract provided.

Taming The Counterfeit Dragon: The Wto, Trips And Chinese Amendments To Intellectual Property Laws, Andrew Evans

Georgia Journal of International & Comparative Law

No abstract provided.

The Globalization Of Intellectual Property Rights: Trips, Bits, And The Search For Uniform Protection, Alan M. Anderson, Bobak Razavi

Georgia Journal of International & Comparative Law

No abstract provided.

Moving All-In With The World Trade Organization: Ignoring Adverse Rulings And Gambling With The Future Of The Wto, Paul Rothstein

Georgia Journal of International & Comparative Law

No abstract provided.

Private Enforcement Of Trips By Applying The Eu Law Principles Of Direct Effect And State Liability, Saud Aldawsari

Law Student Publications

This comment is divided into three sections. Part I introduces the World Trad Organization (WTO) generally and analyzes the Trade Related Agreement on Intellectual Property Rights (TRIPS) agreement specifically. Part II discusses the proposed theory and its basis. It then introduces Novartis. The comment then explores the relevant EU laws and analyzes the jurisprudence of Direct Effect and State Liability. Part III applies EU law to Novartis.

Targeted Drug Donations: A Necessary Evil In Need Of A Global Harness And A Possible Cure For Trips Shortcomings, Gabriella Tzeneva

Indiana Journal of Global Legal Studies

This Note explores the economic and social factors that drive multinational pharmaceutical companies to donate drugs to developing countries and evaluates the effectiveness of such donations in combating medicine shortages. The Note poses that such donations provide necessary economic incentives to drug companies and help curb high medical prices in developed nations while being an essential tool for ameliorating intellectual property requirements imposed by TRIPS. The Note proposes two solutions to further incorporate donations in access to medicine relief efforts and advocates increased international cooperation in the practice.

Recent Developments In Intellectual Property Law In Nigeria, Ufuoma Barbara Akpotaire

Ufuoma Barbara Akpotaire

Key Point – This article provides an overview of the developments in the field of Intellectual Property (IP) in Nigeria and highlights key issues in 10 recent judgments on IP Law in Nigeria. The cases are organized thematically according to the type of Intellectual Property Rights (IPRs) protected under the Nigerian legal system such as trademarks, copyrights, patents, and designs. The decision to pen this Article is borne out of a conversation with a colleague in New York, who seemed surprised to learn that I had worked as an IP lawyer in Nigeria. My colleague was aware of the existence …

Innovation Cooperation: Energy Biosciences And Law, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

This Article analyzes the development and dissemination of environmentally sound technologies that can address climate change. Climate change poses catastrophic health and security risks on a global scale. Universities, individual innovators, private firms, civil society, governments, and the United Nations can unite in the common goal to address climate change. This Article recommends means by which legal, scientific, engineering, and a host of other public and private actors can bring environmentally sound innovation into widespread use to achieve sustainable development. In particular, universities can facilitate this collaboration by fostering global innovation and diffusion networks.

A Critical Look At The Anti-Counterfeiting Trade Agreement, David M. Quinn

Richmond Journal of Law & Technology

On October 23, 2007, the United States announced an initiative to strengthen intellectual property enforcement measures within the international community via the Anti-Counterfeiting Trade Agreement (“ACTA”). During the following years, eleven rounds of negotiations among as many parties culminated in a finalized text released on December 3, 2010. The dialogue occurred outside the purview of existing bodies such as the WIPO and WTO. The ACTA now awaits acceptance following the March 31, 2011 commencement of the ratification period. It will enter into force thirty days following the sixth formal approval.

Will International Trade Law Promote Or Inhibit Global Artificial Photosynthesis, Thomas A. Faunce

Thomas A Faunce

Artificial photosynthesis (AP) is an area of well-advanced research involving large international groups at the cutting edge of synthetic biology and nanotechnology. In simple terms it offers to produce a cheap source of hydrogen for fuel through using sunlight to split water, as well as making basic starches by a process involving absorption of carbon dioxide via the enzyme RuBisCO. As the proliferating numbers of university-based research teams working in this area begin to combine, there will be a natural escalation of the expected time for a global roll-out of AP domestic and international devices. Policy attention will then turns …

Special 301 Of The Trade Act Of 1974 And Global Access To Medicine, Sean Flynn

Articles in Law Reviews & Other Academic Journals

Since its inception in 1988, the United States Trade Representative’s “Special 301” adjudication of foreign intellectual property law standards has been used to promote policies restricting access to affordable medications around the world. President-elect Obama released a platform promising to “break the stranglehold that a few big drug and insurance companies have on these life-saving drugs” and pledged support for “the rights of sovereign nations to access quality-assured, low-cost generic medication to meet their pressing public health needs.” The 2009 and 2010 Special 301 reports, however, indicate that the Obama Administration has not yet implemented this pledge into administration trade …

Enhancing The Wto Tool Kit: The Case For Financial Compensation, Rebecca Ullman

Richmond Journal of Global Law & Business

World Trade Organization Dispute Settlement Understanding 160 represents an intersection of domestic law and international law. The subject of Dispute Settlement Understanding 160 (“DSU 160”) is the Fairness in Music Licensing Act, an American legislative act that extended copyright protection terms and carved out significant exemptions for commercial establishments. The exemptions set forth in the Fairness in Music Licensing Act (“FMLA”) conflict with U.S. international intellectual property obligations such that one must question whether there should be new and different remedies available to assist parties in meeting their international obligation.

Stretching The Dispute Settlement Understanding: U.S.—Cotton’S Relaxed Interpretation Of Cross-Retaliation In The World Trade Organization, David J. Townsend

Richmond Journal of Global Law & Business

In August 2009, the World Trade Organization (“WTO”) au-thorized Brazil to impose sanctions against the United States for its continued subsidization of cotton producers in violation of the WTO Agreement on Subsidies and Countervailing Measures (“SCM Agreement”) and the Agreement on Agriculture. The WTO approved Brazil’s use of sanctions outside the General Agreement on Tariffs and Trade (“GATT”), authorizing cross-retaliation against rights owed to the United States under the Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS”). This is the third case of cross- retaliation authorized by a WTO arbitrator under the Understanding on Rules and Procedures Governing the …

World Trade Organization Agreements And Principles As A Vehicle For The Attainment Of Energy Security, Dennis J. Hough Jr.

Richmond Journal of Global Law & Business

Do you remember how you felt on Wednesday, January 7, 2009? Perhaps you do not. I know how some Europeans felt — cold. That was the day that Russia stopped all natural gas exports to Ukraine. By itself, this was a serious course of action. However, because Ukraine is the main transmission corridor for natural gas pipelines shipping gas to Europe, the situation commanded worldwide attention.