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Prospects And Limits Of The Patent Provision In The Trips Agreement: The Case Of India, Martin J. Adelman, Sonia Baldia

Vanderbilt Journal of Transnational Law

This Article analyzes the impact of TRIPS on the pharmaceutical industry in India, an industry that has traditionally taken a "free-ride" on the technological developments of other nations. The authors discuss the patent system in India prior to TRIPS and India's long-term refusal to join the Paris Convention regarding intellectual property.

In the past, India had limited protection for technology. Some areas--food, pharmaceuticals, and products made by processes--received no patent protection at all. TRIPS changed this system and also changed the compulsory licensing and license of right provisions that limited patent protection in India. The authors argue that all people--scientists …

Worldwide Copyright Protection Under The Trips Agreement, Eric H. Smith

Vanderbilt Journal of Transnational Law

The author begins by analyzing the purposes of the TRIPS Agreement. He then discusses piracy losses on a regional and global basis, emphasizing industry-based variations and the economic impact of these losses. Mr. Smith then examines several of the key implementation problems surrounding TRIPS, including the use of transition phase-in periods for developing countries, and the availability of civil and criminal sanctions. Finally, he highlights other specific portions of the TRIPS Agreement that may engender future controversy.