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Full-Text Articles in Law
Trips' Rebound: An Historical Analysis Of How The Trips Agreement Can Ricochet Back Against The United States, Donald P. Harris
Trips' Rebound: An Historical Analysis Of How The Trips Agreement Can Ricochet Back Against The United States, Donald P. Harris
Northwestern Journal of International Law & Business
Recently, scholars and commentators around the world have reexamined the role intellectual property rights (IPRs) play in hindering or helping developing countries. These scholars have questioned the doctrine the IPRs help developing countries by promoting economic development, increasing foreign direct investment, stimulating domestic innovation, and improving access to new technologies, and have concluded that imposing "Western-styled" intellectual property regimes (e.g., the U.S. patent regime) on developing countries harms those countries. In particular, such regimes fail to bring any of the purported benefits, while they impose many costs, including preventing people from obtaining life-saving drugs. This Article argues that it is …
The Spirit Of Trips And The Importation Of Medicines Made Under Compulsory License After The August 2003 Trips Council Agreement, Jessica J. Fayerman
The Spirit Of Trips And The Importation Of Medicines Made Under Compulsory License After The August 2003 Trips Council Agreement, Jessica J. Fayerman
Northwestern Journal of International Law & Business
The Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement has changed prospects for access to necessary medications in the developing world. The use of compulsory licensing for pharmaceutical products embodied in Article 31 of TRIPS has been a contentious issue. Prior to 2003, countries with no manufacturing capacity of their own were not allowed to import medicines made under compulsory license, rendering the protections of Article 31 of little use to them. The 2003 Motta Agreement changed this. This expansion of the compulsory licensing power is both an impractical solution and it dilutes the premises upon which TRIPS was originally …
How Far Have We Come, And Where Do We Go From Here: The Status Of Global Computer Software Protection Under The Trips Agreement, Aaron D. Charfoos
How Far Have We Come, And Where Do We Go From Here: The Status Of Global Computer Software Protection Under The Trips Agreement, Aaron D. Charfoos
Northwestern Journal of International Law & Business
The TRIPS agreement made significant advances over the pre-TRIPS international regime with respect to the protection of computer software. There are at least two significant advances. First, computer software protections have been embedded into the new dispute resolution procedures. Second, both object and source code are protected under the copyright sections of the Agreement. The dispute resolution procedures provide back-end protection (protection after offenses have occurred), while new copyright provisions provide affirmative front-end protection (protection deterring such offenses). However, the Agreement could have, and should have, gone farther to protect the software industry. By not formally deciding on the ability …