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Articles 1 - 7 of 7

Full-Text Articles in Law

The Jekyll And Hyde Story Of International Trade: The Supreme Court In Phrma V. Walsh And The Trips Agreement, Srividhya Ragavan May 2004

The Jekyll And Hyde Story Of International Trade: The Supreme Court In Phrma V. Walsh And The Trips Agreement, Srividhya Ragavan

University of Richmond Law Review

No abstract provided.


Trips' Rebound: An Historical Analysis Of How The Trips Agreement Can Ricochet Back Against The United States, Donald P. Harris Jan 2004

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 Jan 2004

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 …


Securing The Future Of Intellectual Property: Intellectual Property Owners And Their Nodally Coordinated Enforcement Pyramid, Peter Drahos Jan 2004

Securing The Future Of Intellectual Property: Intellectual Property Owners And Their Nodally Coordinated Enforcement Pyramid, Peter Drahos

Case Western Reserve Journal of International Law

No abstract provided.


Bilateralism In Intellectual Property: Defeating The Wto System For Access To Medicines, Carlos M. Correa Jan 2004

Bilateralism In Intellectual Property: Defeating The Wto System For Access To Medicines, Carlos M. Correa

Case Western Reserve Journal of International Law

No abstract provided.


Trips And The Dynamics Of Intellectual Property Lawmaking, Graeme B. Dinwoodie, Rochelle C. Dreyfuss Jan 2004

Trips And The Dynamics Of Intellectual Property Lawmaking, Graeme B. Dinwoodie, Rochelle C. Dreyfuss

Case Western Reserve Journal of International Law

No abstract provided.


Mediating Interactions In An Expanding International Intellectual Property Regime, Laurence R. Helfer Jan 2004

Mediating Interactions In An Expanding International Intellectual Property Regime, Laurence R. Helfer

Case Western Reserve Journal of International Law

No abstract provided.