A Neofederalist Vision of TRIPS: The Resilience of the International Intellectual Property Regime

Save this PDF as:
 WORD  PNG  TXT  JPG

Size: px
Start display at page:

Download "A Neofederalist Vision of TRIPS: The Resilience of the International Intellectual Property Regime"

Transcription

1 Oxford Scholarship Online You are looking at 1-8 of 8 items for: keywords : Manilius lawiim lawpil A Neofederalist Vision of TRIPS: The Resilience of the International Published in print: Published Online: May Item type: book acprof:oso/ This book examines the TRIPS Agreement: its interpretation, its impact on the creative environment, and its effect on national and international lawmaking. It propounds a vision of TRIPS as creating a neofederalist regime, one that will ensure the resilience of the international intellectual property system in time of rapid change. In this vision, WTO members retain considerable flexibility to tailor intellectual property law to their national priorities and to experiment with changes necessary to meet new technological and social challenges, but agree to operate within an international framework. This framework, while less powerful than the central administration of a federal government, comprises a series of substantive and procedural commitments that promote the coordination of both the present intellectual property system as well as future international intellectual property lawmaking. Part I demonstrates the centrality of national autonomy throughout the history of international negotiations over intellectual property. Part II analyzes the decisions of the WTO in intellectual property cases, and finds them lacking in many respects. Looking to the future, Part III develops a framework for integrating the increasingly fragmented international system and proposes the recognition of an international intellectual property acquis, a set of longstanding principles that have informed, and should continue to inform intellectual property lawmaking. The acquis would include both express and latent components of the international regime, put accessregarding guarantees such as user rights on a par with proprietary interests and enshrine the fundamental importance of national autonomy in the international system. Page 1 of 6

2 The Challenges of the TRIPS Agreement Published in print: Published Online: May acprof:oso/ This Chapter presents a synopsis of the argument advanced in the book. It recognizes the comprehensiveness of TRIPS and the theory of comparative advantage that underlies its adoption as part of a trade regime. But it challenges the understanding of TRIPS as a supranational code, a comprehensive code of intellectual property law that dictates exactly how WTO members must protect knowledge-intensive goods. Instead, it emphasizes that intellectual property is a complex regime that reflects notions of balance, diversity and historical contingency. There must be a balance between the interests of proprietors in securing a return from their investments and the interests of followers and the public in a robust domain of accessible knowledge. Because countries with different economic and cultural conditions will need to adopt different approaches to intellectual property, a one-size-fits-all code is undesirable. And as the creative ecosystem evolves, so too must intellectual property law. These features of intellectual property law support the need to view TRIPS through a neo-federalist lens. The Chapter illustrates the stakes involved in looking at TRIPS as a code and, conversely, at the advantage of seeing it from a neofederalist perspective, by examining the controversy over gene patents. The History and Character of TRIPS: How It Shapes the Contemporary Debate Published in print: Published Online: May acprof:oso/ This Chapter situates the TRIPS Agreement in the historical context of the international intellectual property system, most notably the development of the Paris and Berne Conventions. It demonstrates the centrality of national autonomy (and the commitment to territoriality) Page 2 of 6

3 throughout the history of international negotiations over intellectual property. It assesses the negotiation of TRIPS and the final instrument itself through the frame of international and intellectual property policy, with the benefit of hindsight, and from the perspective of more than a decade of experience with the Agreement. The principal accounts of how TRIPS came into being (the exchange narrative and the coercion narrative) both paradoxically may bolster the premise that developing countries signed up to something approaching a supranational code. A more nuanced examination tells a different story, one that suggests that, although TRIPS gave teeth to international obligations by embedding them within a system with enforcement mechanisms, it must be viewed as a compromise that recognizes each state s continuing role in formulating intellectual property policy within the context of an international arrangement. The Chapter illustrates the significance of the different visions of TRIPS by analysing whether the Agreement precludes WTO member states from adopting working requirements in their patent laws. The Dispute Settlement Understanding: Interpretation of the Substantive Features of the TRIPS Agreement Published in print: Published Online: May acprof:oso/ This Chapter analyzes the decisions of the Dispute Settlement Body (DSB) in intellectual property cases to assess whether national laws can be adapted to reflect diversity, balance and historical contingency. It does so by considering three initiatives: (1) raising the height of the inventive step (2) creating new statutory defenses to liability for patent infringement; and (3) refusing to award injunctions automatically to prevailing plaintiffs. These initiatives implicate a nation s ability: to ensure access to medicines, a value highlighted in the amendment of TRIPS arising out of the Doha Declaration; to offer gene-based diagnostic testing without permission of patentees; and to deal with the costs of patent trolls. In some respects the DSB has promoted the values underlying neo-federalism. However, panels often pursue a formalistic reading of the Agreement and one that is largely devoid of normative content. Instead, if TRIPS is to be resilient, panels must have regard to the normative underpinnings of intellectual property law, including the Objectives and Principles of the TRIPS Agreement. And panels will need Page 3 of 6

4 to establish benchmarks against which to measure claimed deviations, requiring regard to national practices. Interpretation Continued: The Structural Features of the TRIPS Agreement Published in print: Published Online: May acprof:oso/ This Chapter further critiques DSB decisions by considering a mechanism to share examination workloads among national patent offices, and the EU s Database Directive, which seeks to expand protection globally via a reciprocity provision. This allows examination of TRIPS provisions that might be seen as structural: the national treatment provision, and the most favoured nation principle (MFN). Both principles have long been part of the GATT. National treatment offers an appealing approach to the regulation of trade in knowledge-intensive products. But the Chapter questions the wisdom of applying MFN to intellectual property. The Chapter also criticises the interpretation of Article 27, which prohibits certain forms of discrimination in the patent field, as structural. These different provisions must be interpreted in a manner that reflects their roles in protecting the integrity of the international intellectual property, trade, and patent systems. Challenged laws should receive different levels of scrutiny under different provisions, and the distinction between de facto and de iure discrimination must be recognised. The Chapter also discusses other TRIPS provisions, and priority provisions incorporated from the Paris Convention, which have structural dimensions. And it suggests that TRIPS contains provisions that serve as functional substitutes for national autonomy guarantees found in GATT. TRIPS and Domestic Lawmaking Published in print: Published Online: May acprof:oso/ Page 4 of 6

5 This Chapter considers whether TRIPS is sufficiently neofederalist to accommodate national institutional and political realities. The WTO must confront the political reality of packaging, diffusion, and capacity. An initiative may be more acceptable if the burdens of new rights are packaged with offsetting benefits. Thus, adjudicators should take into account the broader context in which a challenged provision was enacted: a provision reducing levels of protection may survive scrutiny if part of a legislative tradeoff that preserves market exclusivity overall. Moreover, it can take time for new technologies to diffuse and for the political system to fully assimilate them. States need flexibility to experiment with different levels of protection and develop an understanding of how best to regulate. The GATT regime contains provisions, such as those that allow for negotiation of compensatory concessions or the temporary suspension of obligations, which reflect a concern for diffusion. TRIPS should be read in ways that allow greater national autonomy in a period of diffusion. Finally, countries need a sophisticated legal and administrative infrastructure to fully assess options. This capacity problem is especially acute for developing countries, which must inform adjudication and stimulate procedural reforms both in the DSB and Council for TRIPS. The WTO, WIPO, ACTA, and More: Fragmentation and Integration Published in print: Published Online: May acprof:oso/ International intellectual property lawmaking since TRIPS has involved many different actors, in many different fora, under a variety of conditions, leading to the phenomenon of fragmentation. This Chapter discusses many of these lawmaking initiatives (such as bilateral free trade agreements, ACTA, the Transpacific Partnership Agreement, WIPO Development Agenda, and soft law instruments). It addresses both efforts at further commodification and the promulgation of counternorms that clarify the space where TRIPS does not require commodification. The Chapter develops a framework for integrating these developments into the WTO regime and thus gaining the benefits of regulatory competition while minimizing the costs of fragmentation. It rejects the approach of aggressive integration suggested by the International Law Commission; TRIPS offers ample opportunities for norm-integration- Page 5 of 6

6 through-interpretation. The weight to be given to materials drawn from outside the WTO should reflect the source and timing of the instrument, governance issues, and the relationship between the coverage of the instrument and that of TRIPS. The WTO can also reduce fragmentation through its lawmaking activities, including deliberations in the Council for TRIPS. Treating other specialised institutions (eg the WHO) as partners in the international system might facilitate regulatory cooperation, and the Chapter thus suggests procedural mechanisms to take advantage of that expertise. An International Acquis: Integrating Regimes and Restoring Balance Published in print: Published Online: May acprof:oso/ This Chapter proposes a new paradigm to structure international intellectual property law. Specifically, it suggests that the time is ripe to recognize an international intellectual property acquis. The content of the acquis is drawn from national and international law (including human rights instruments) along with associated jurisprudence and scholarship. It is informed by recognition of core intellectual property concerns: the cumulative nature of intellectual property, the contingent nature of technology, and a commitment to diversity. The acquis includes principles directed at solving problems of interdependence and takes account of the pedigree of a principle. It encompasses both express and latent components of the international regime and enshrines the fundamental importance of national autonomy in the international system. The acquis would clarify the normative underpinnings of intellectual property law and thus improve DSB adjudication. Prospectively, the acquis would transcend TRIPS and create a legal framework to structure future international lawmaking. It would thus reduce the incidence of fragmentation and serve as a counterweight to political pressures that induce TRIPS-plus agreements. More ambitiously, the acquis could promote a reconceptualization of international intellectual property law as explicitly recognizing the interests of users as on a par with the interests of producers. Page 6 of 6

THE PARIS CONVENTION FOR THE PROTECTION OF INDUSTRIAL PROPERTY. A Commentary SAM RICKETSOIS> OXFORD UNIVERSITY PRESS

THE PARIS CONVENTION FOR THE PROTECTION OF INDUSTRIAL PROPERTY. A Commentary SAM RICKETSOIS> OXFORD UNIVERSITY PRESS THE PARIS CONVENTION FOR THE PROTECTION OF INDUSTRIAL PROPERTY A Commentary SAM RICKETSOIS> OXFORD UNIVERSITY PRESS DETAILED CONTENTS Table ofcases Table of Legislation Table ofabbreviations Used in this

More information

Whether you are a practising

Whether you are a practising Introduction By the end of the programme, you will have a specialised knowledge of international business law that reflects the changing commercial, social, political and technical realities of the global

More information

PROMOTING ACCESS AND MEDICAL INNOVATION: INTERSECTIONS BETWEEN PUBLIC HEALTH, INTELLECTUAL PROPERTY AND TRADE

PROMOTING ACCESS AND MEDICAL INNOVATION: INTERSECTIONS BETWEEN PUBLIC HEALTH, INTELLECTUAL PROPERTY AND TRADE PROMOTING ACCESS AND MEDICAL INNOVATION: INTERSECTIONS BETWEEN PUBLIC HEALTH, INTELLECTUAL PROPERTY AND TRADE Joint study by the WHO, WIPO and WTO Secretariats Outline and overview The WHO, WIPO and the

More information

GENEVA STANDING COMMITTEE ON THE LAW OF PATENTS. Fourteenth Session Geneva, January 25 to 29, 2010 PROPOSAL FROM BRAZIL *

GENEVA STANDING COMMITTEE ON THE LAW OF PATENTS. Fourteenth Session Geneva, January 25 to 29, 2010 PROPOSAL FROM BRAZIL * WIPO SCP/14/7. ORIGINAL: English DATE: January 20, 2010 E WORLD INTELLECTUAL PROPERT Y O RGANI ZATION GENEVA STANDING COMMITTEE ON THE LAW OF PATENTS Fourteenth Session Geneva, January 25 to 29, 2010 PROPOSAL

More information

Panel discussion on Intellectual Property and Human Rights

Panel discussion on Intellectual Property and Human Rights E WIPO-UNHCHR/IP/PNL/98/INF/4 ORIGINAL: ENGLISH DATE: NOVEMBER 6, 1998 Panel discussion on Intellectual Property and Human Rights Geneva, November 9, 1998 OPENING STATEMENT BY MR. BRIAN BURDEKIN ON BEHALF

More information

IFLA Presidential Meeting April 14, 2011 National Library of the Netherlands

IFLA Presidential Meeting April 14, 2011 National Library of the Netherlands IFLA Presidential Meeting April 14, 2011 National Library of the Netherlands Libraries and Copyright The copyright regime has always been intricately (if uneasily) linked with the successful building of

More information

Teaching at higher education institutions The impact of globalization

Teaching at higher education institutions The impact of globalization Teaching at higher education institutions The impact of globalization Professor Michael Blakeney Queen Mary University of London M.Blakeney@qmul.ac.uk Structure of presentation Impact of globalization

More information

BRIEF ON THE TREATMENT OF INTELLECTUAL DECLARATION: MANDATED NEGOTIATIONS PROPERTY IN THE DOHA WTO MINISTERIAL AND REVIEWS

BRIEF ON THE TREATMENT OF INTELLECTUAL DECLARATION: MANDATED NEGOTIATIONS PROPERTY IN THE DOHA WTO MINISTERIAL AND REVIEWS C ENTER FOR I NTERNATIONAL E NVIRONMENTAL L AW BRIEF ON THE TREATMENT OF INTELLECTUAL PROPERTY IN THE DOHA WTO MINISTERIAL DECLARATION: MANDATED NEGOTIATIONS AND REVIEWS BY DAVID VIVAS EUGUI 1 FEBRUARY,

More information

WIPO-WTO Colloquium for Teachers of Intellectual Property

WIPO-WTO Colloquium for Teachers of Intellectual Property E WORLD TRADE ORGANIZATION COLLOQUIUM WIPO-WTO/ACAD/GE/15/INF1.PROV ORIGINAL:ENGLISH DATE DECEMBER 19, 2014: WIPO-WTO Colloquium for Teachers of Intellectual Property organized by the World Intellectual

More information

Outlines of the Trans-Pacific Partnership Agreement

Outlines of the Trans-Pacific Partnership Agreement Page 1 of 5 Outlines of the Trans-Pacific Partnership Agreement ENHANCING TRADE AND INVESTMENT, SUPPORTING JOBS, ECONOMIC GROWTH AND DEVELOPMENT: OUTLINES OF THE TRANS-PACIFIC PARTNERSHIP AGREEMENT On

More information

Life Sciences. Key issues for senior life sciences executives

Life Sciences. Key issues for senior life sciences executives Life Sciences 2016 Key issues for senior life sciences executives Russian research exemption: practical issues and correlation with data exclusivity provision Ilya Goryachev Gorodissky & Partners Gorodissky

More information

COMMUNIQUÉ ON PRINCIPLES FOR INTERNET POLICY-MAKING OECD HIGH LEVEL MEETING ON THE INTERNET ECONOMY,

COMMUNIQUÉ ON PRINCIPLES FOR INTERNET POLICY-MAKING OECD HIGH LEVEL MEETING ON THE INTERNET ECONOMY, COMMUNIQUÉ ON PRINCIPLES FOR INTERNET POLICY-MAKING OECD HIGH LEVEL MEETING ON THE INTERNET ECONOMY, 28-29 JUNE 2011 The Seoul Declaration on the Future of the Internet Economy adopted at the 2008 OECD

More information

TRADE and ENVIRONMENT

TRADE and ENVIRONMENT Building pathways to sustainable development TRADE and ENVIRONMENT Did you know? The creation of the WTO in 1995 marked a crucial step in the history of multilateral trade, helping to open up fresh avenues

More information

Universal Declaration on Bioethics and Human Rights

Universal Declaration on Bioethics and Human Rights Universal Declaration on Bioethics and Human Rights Adopted by the UNESCO General Conference, 19 October 2005 The General Conference, Conscious of the unique capacity of human beings to reflect upon their

More information

(U) Appendix E: Case for Developing an International Cybersecurity Policy Framework

(U) Appendix E: Case for Developing an International Cybersecurity Policy Framework (U) Appendix E: Case for Developing an International Cybersecurity Policy Framework (U//FOUO) The United States lacks a comprehensive strategic international policy framework and coordinated engagement

More information

An Analysis of Shrimp/Turtle II: The WTO Makes Room for Environmental Trade Restrictions

An Analysis of Shrimp/Turtle II: The WTO Makes Room for Environmental Trade Restrictions An Analysis of Shrimp/Turtle II: The WTO Makes Room for Environmental Trade Restrictions Chris Wold, Associate Professor & Randi Black, IELP Law Clerk August 15, 2005 In Shrimp/Turtle I, 1 the WTO s Appellate

More information

TO: Advisory Committee commentators on electronic commerce projects at International organizations

TO: Advisory Committee commentators on electronic commerce projects at International organizations TO: Advisory Committee commentators on electronic commerce projects at International organizations Review of possible future ECom projects We are undertaking a review of private law developments in electronic

More information

CSIRO Submission 12/469

CSIRO Submission 12/469 CSIRO Submission 12/469 Copyright and the Digital Economy Australian Law Reform Commission Discussion Paper 79 August 2013 Enquiries should be addressed to: Susan McMaster 343 Royal Parade, Parkville,

More information

Frequently asked questions about the Vulnerable Persons Standard

Frequently asked questions about the Vulnerable Persons Standard Frequently asked questions about the Vulnerable Persons Standard 1. What is vulnerability and who is vulnerable? To be vulnerable is to have diminished defences, making us more prone to harm. Many Canadians

More information

Patents in Europe 2013/2014

Patents in Europe 2013/2014 In association with Unitary patent and Unified Patent Court: the proposed framework Rainer K Kuhnen Patents in Europe 2013/2014 Helping business compete in the global economy Unitary patent and Unified

More information

White Paper on CAPS for PSD2. August 2015

White Paper on CAPS for PSD2. August 2015 White Paper on CAPS for PSD2 A White Paper on draft suggestions for the practical realisation of TPP access as described in the revised Payment Services Directive (PSD2) by adopting an open, optional Controlled

More information

RECOMMENDATION CONCERNING THE PROMOTION AND USE OF MULTILINGUALISM AND UNIVERSAL ACCESS TO CYBERSPACE

RECOMMENDATION CONCERNING THE PROMOTION AND USE OF MULTILINGUALISM AND UNIVERSAL ACCESS TO CYBERSPACE RECOMMENDATION CONCERNING THE PROMOTION AND USE OF MULTILINGUALISM AND UNIVERSAL ACCESS TO CYBERSPACE UNESCO, Paris CONTENTS PREAMBLE... 1 Development of multilingual content and systems... 2 Facilitating

More information

Training Professionals in Trade Policy Development Advocacy and Negotiation - The Training Challenge in Commercial Diplomacy

Training Professionals in Trade Policy Development Advocacy and Negotiation - The Training Challenge in Commercial Diplomacy Training Professionals in Trade Policy Development Advocacy and Negotiation - The Training Challenge in Commercial Diplomacy Geza Feketekuty The expansion of trade brought about by the reduction of trade

More information

ANNUAL REPORT ON DISCRIMINATION IN FOREIGN GOVERNMENT PROCUREMENT April 30, 2001

ANNUAL REPORT ON DISCRIMINATION IN FOREIGN GOVERNMENT PROCUREMENT April 30, 2001 ANNUAL REPORT ON DISCRIMINATION IN FOREIGN GOVERNMENT PROCUREMENT April 30, 2001 I. Introduction A longstanding objective of U.S. trade policy has been to open opportunities for U.S. suppliers to compete

More information

Banking law reforms: changes to cheques law and repeal of the Banking Act

Banking law reforms: changes to cheques law and repeal of the Banking Act Banking law reforms: changes to cheques law and repeal of the Banking Act Sachin Zodgekar, Banking System Department This article describes the changes to banking law which were introduced through the

More information

CHAPTER 14 ELECTRONIC COMMERCE

CHAPTER 14 ELECTRONIC COMMERCE CHAPTER 14 ELECTRONIC COMMERCE Article 14.1: Definitions For the purposes of this Chapter: computing facilities means computer servers and storage devices for processing or storing information for commercial

More information

Conflicts of Rights in the European Union. A Theory of Supranational Adjudication. Oxford: Oxford University Press 2009, 224p., ISBN 9780199568710

Conflicts of Rights in the European Union. A Theory of Supranational Adjudication. Oxford: Oxford University Press 2009, 224p., ISBN 9780199568710 337 Aida Torres Pérez Conflicts of Rights in the European Union. A Theory of Supranational Adjudication Oxford: Oxford University Press 2009, 224p., ISBN 9780199568710 M. Ambrus* There is a growing literature

More information

Published in S. Evenett and A. Jara (Eds.), Building on Bali: A Work Programme for the WTO. VoxEU/CEPR e-book (December 18)

Published in S. Evenett and A. Jara (Eds.), Building on Bali: A Work Programme for the WTO. VoxEU/CEPR e-book (December 18) Published in S. Evenett and A. Jara (Eds.), Building on Bali: A Work Programme for the WTO. VoxEU/CEPR e-book (December 18) Multilateral Trade Cooperation post-bali: Three Suggestions Bernard Hoekman Robert

More information

Intellectual Property Provisions in International Investment Arrangements

Intellectual Property Provisions in International Investment Arrangements UNCTAD/WEB/ITE/IIA/2007/1 UNITED NATIONS CONFERENCE ON TRADE AND DEVELOPMENT Geneva Intellectual Property Provisions in International Investment Arrangements IIA MONITOR No. 1 (2007) International Investment

More information

SYLLABUS FOR THREE MONTHS INSTITUTIONAL TRAINING OF EXAMINERS OF PATENTS & DESIGNS

SYLLABUS FOR THREE MONTHS INSTITUTIONAL TRAINING OF EXAMINERS OF PATENTS & DESIGNS SYLLABUS FOR THREE MONTHS INSTITUTIONAL TRAINING OF EXAMINERS OF PATENTS & DESIGNS INDEX Module Duration Page No.. Introduction to the Intellectual Property Rights. week 7 Day Role of IP in business and

More information

DECREE THE GOVERNMENT

DECREE THE GOVERNMENT THE GOVERNMENT No. 103/2006/ND - CP THE SOCIALIST REPUBLIC OF VIETNAM Independence Freedom Happiness ------------------------------ DECREE Hanoi, September 22, 2006 Making detailed provisions and providing

More information

7. CAL strongly supports legislative provisions in relation to copyright, which will benefit all copyright owners in Australia and internationally.

7. CAL strongly supports legislative provisions in relation to copyright, which will benefit all copyright owners in Australia and internationally. 21 June 2005 China FTA Task Force Department of Foreign Affairs and Trade RG Casey Building John McEwen Crescent Barton ACT 0221 Dear Members of the China FTA Trade Task Force PROPOSED AUSTRALIA-CHINA

More information

* * * Initial Provisions for. CHAPTER [ ] - Regulatory Cooperation

* * * Initial Provisions for. CHAPTER [ ] - Regulatory Cooperation REMARKS: This is an initial textual proposal for a draft Chapter on Regulatory Cooperation that the Commission intends to submit to the US on Friday, 30 January, in preparation of the 8 th round of TTIP

More information

TRIPS Agreement: An Overview

TRIPS Agreement: An Overview TRIPS Agreement: An Overview IPpro Services (India) Pvt. Ltd IPpro Inc., 2008 Contents 1. INTRODUCTION... 3 2. BACKGROUND AND HISTORY... 3 3. WHAT IS TRIPS AGREEMENT?... 5 4. STRUCTURE OF THE TRIPS AGREEMENT...

More information

CENTURY UNIVERSITIES PERFORMANCE & SUSTAINABILITY

CENTURY UNIVERSITIES PERFORMANCE & SUSTAINABILITY 21st CENTURY UNIVERSITIES PERFORMANCE & SUSTAINABILITY ISSUES FACING HIGHER EDUCATION IN IRELAND TABLE OF CONTENTS 1. Role and Contribution of Higher Education and the Universities page 01 2. Scale of

More information

Teaching Intellectual Property in Spanish Universities: The experience of the Magister Lvcentinvs.

Teaching Intellectual Property in Spanish Universities: The experience of the Magister Lvcentinvs. Teaching Intellectual Property in Spanish Universities: The experience of the Magister Lvcentinvs. WIPO FORUM ON INTELLECTUAL PROPERTY AND SMEs FOR IP OFFICES AND RELEVANT INSTITUTIONS OF OECD AND EU ENLARGEMENT

More information

N O T E. The Course on Dispute Settlement in International Trade, Investment and Intellectual Property consists of forty modules.

N O T E. The Course on Dispute Settlement in International Trade, Investment and Intellectual Property consists of forty modules. ii Dispute Settlement N O T E The Course on Dispute Settlement in International Trade, Investment and Intellectual Property consists of forty modules. This Module has been prepared by Mr. F. Abbott at

More information

NATIONAL TREATMENT PRINCIPLE

NATIONAL TREATMENT PRINCIPLE Chapter 2 NATIONAL TREATMENT PRINCIPLE 1. OVERVIEW OF RULES National treatment (GATT Article III) stands alongside MFN treatment as one of the central principles of the WTO Agreement. Under the national

More information

WIPO COPYRIGHT TREATY AND THE WIPO PERFORMANCES AND PHONOGRAMS TREATY

WIPO COPYRIGHT TREATY AND THE WIPO PERFORMANCES AND PHONOGRAMS TREATY WIPO COPYRIGHT TREATY AND THE WIPO PERFORMANCES AND PHONOGRAMS TREATY Indunil Abeyesekere SUMMARY: Introduction; WIPO Copyright Treaty; WIPO Performances And Phonograms Treaty; Notes. In December 1996

More information

United Nations Educational, Scientific and Cultural Organisation Organisation des Nations Unies pour l éducation, la science et la culture

United Nations Educational, Scientific and Cultural Organisation Organisation des Nations Unies pour l éducation, la science et la culture United Nations Educational, Scientific and Cultural Organisation Organisation des Nations Unies pour l éducation, la science et la culture International Bioethics Committee (IBC) Distribution: limited

More information

PROVINCIAL/TERRITORIAL COUNCIL Of MINISTERS OF SECURITIES REGULATION (Council) ANNUAL PROGRESS REPORT January 2013 to December 2013

PROVINCIAL/TERRITORIAL COUNCIL Of MINISTERS OF SECURITIES REGULATION (Council) ANNUAL PROGRESS REPORT January 2013 to December 2013 PROVINCIAL/TERRITORIAL COUNCIL Of MINISTERS OF SECURITIES REGULATION (Council) ANNUAL PROGRESS REPORT January 2013 to December 2013 BACKGROUND Since its formation in 2004, the Provincial-Territorial Council

More information

Normative Interfaces of Globalization and High-Tech Capitalism: Legal Pluralism and the Neo-Liberal Turn

Normative Interfaces of Globalization and High-Tech Capitalism: Legal Pluralism and the Neo-Liberal Turn International Conference of the Commission on Legal Pluralism in collaboration with the Department of Humanities and Social Sciences, Indian Institute of Technology Bombay Normative Interfaces of Globalization

More information

Brief on Sri Lanka s Position on the Key Issues of the Hong Kong Ministerial Declaration

Brief on Sri Lanka s Position on the Key Issues of the Hong Kong Ministerial Declaration Brief on Sri Lanka s Position on the Key Issues of the Hong Kong Ministerial Declaration While Sri Lanka shares most of the characteristics and concerns of a typical low income developing country it has

More information

GENERAL TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS GENERAL TERMS AND CONDITIONS Contents A. SCOPE...3 B. CONFIDENTIALITY, NAME, INTELLECTUAL PROPERTY AND TAX EXEMPT STATUS OF THE WTO...3 B.1. Confidentiality...3 B.2. Use of the name, logo or official seal

More information

CHAPTER SUMMARY: INVESTMENT

CHAPTER SUMMARY: INVESTMENT CHAPTER SUMMARY: INVESTMENT Investment rules are included in trade agreements such as the TPP because of the importance governments attach to guaranteeing the high standards of governance that are pivotal

More information

Executive summary and overview of the national report for Denmark

Executive summary and overview of the national report for Denmark Executive summary and overview of the national report for Denmark Section I Summary of findings There is no special legislation concerning damages for breach of EC or national competition law in Denmark,

More information

ANNEX II. General Overview of the Lisbon Agreement for the Protection of Appellations of Origin and Their International Registration.

ANNEX II. General Overview of the Lisbon Agreement for the Protection of Appellations of Origin and Their International Registration. ANNEX II General Overview of the Lisbon Agreement for the Protection of Appellations of Origin and Their International Registration Introduction 1. The Lisbon Agreement for the Protection of Appellations

More information

Regional innovation strategies

Regional innovation strategies OECD Innovation Policy Platform /policyplatform Regional innovation strategies Regional innovation strategies are systematic, goal-oriented exercises carried out by regional partnerships with the aim to

More information

Legal FAQ: Introduction to Patent Litigation

Legal FAQ: Introduction to Patent Litigation Legal FAQ: Introduction to Patent Litigation by charlene m. morrow and dargaye churnet 1. Who enforces a patent? The U.S. Patent and Trademark Office grants a patent. Contrary to popular belief, a patent

More information

DOC NO: INFOSOC 52/14 DATE ISSUED: June 2014. Resolution on the open and neutral Internet

DOC NO: INFOSOC 52/14 DATE ISSUED: June 2014. Resolution on the open and neutral Internet DOC NO: INFOSOC 52/14 DATE ISSUED: June 2014 Resolution on the open and neutral Internet Introduction This resolution builds on the TACD net neutrality resolution of April 2010 1, which called for policies

More information

10.4 The ICF and accident compensation in Australia

10.4 The ICF and accident compensation in Australia 10.4 The ICF and accident compensation in Australia John Walsh, Actuarial, PricewaterhouseCoopers Address for correspondence: john.e.walsh@au.pwcglobal.com Abstract This paper briefly describes the Australian

More information

Intellectual Property

Intellectual Property 18 Intellectual Property The Trans-Pacific Partnership (TPP) levels the playing field for American workers and American businesses, leading to more Made-in-America exports and more higher-paying American

More information

The development of Shinawatra University s international graduate program in joint public and business administration (PBA)

The development of Shinawatra University s international graduate program in joint public and business administration (PBA) The development of Shinawatra University s international graduate program in joint public and business administration (PBA) Introduction: Given the fact that management challenges in terms of political-economic-societaltechnological

More information

Diets, Malnutrition, and Disease: The Indian Experience

Diets, Malnutrition, and Disease: The Indian Experience Oxford Scholarship Online You are looking at 1-10 of 58 items for: keywords : theoretical methodology scghim Diets, Malnutrition, and Disease: The Indian Experience Raghav Gaiha, Raghbendra Jha, and Vani

More information

CHAPTER 7 TECHNICAL BARRIERS TO TRADE. Article 7.1. Definitions. Article 7.2. Objectives

CHAPTER 7 TECHNICAL BARRIERS TO TRADE. Article 7.1. Definitions. Article 7.2. Objectives CHAPTER 7 TECHNICAL BARRIERS TO TRADE Article 7.1 Definitions 1. For the purposes of this Chapter, TBT Agreement means the Agreement on Technical Barriers to Trade, which is part of the WTO Agreement.

More information

UPU Background. Stakeholder Roles

UPU Background. Stakeholder Roles Statement of Randy S. Miskanic Acting Chief Information Officer and Executive Vice President United States Postal Service Before the Subcommittee on Government Operations United States House of Representatives

More information

DOC NO: INFOSOC 53/15 DATE ISSUED: June 2015. Resolution on the open and neutral Internet

DOC NO: INFOSOC 53/15 DATE ISSUED: June 2015. Resolution on the open and neutral Internet DOC NO: INFOSOC 53/15 DATE ISSUED: June 2015 Resolution on the open and neutral Internet Introduction This resolution builds on the TACD net neutrality resolutions of April 2010 1 and June 2014 2, which

More information

THE POSSIBILITIES FOR PRIVATE ENFORCEMENT OF THE COMPETITION RULES IN THE NETHERLANDS

THE POSSIBILITIES FOR PRIVATE ENFORCEMENT OF THE COMPETITION RULES IN THE NETHERLANDS THE POSSIBILITIES FOR PRIVATE ENFORCEMENT OF THE COMPETITION RULES IN THE NETHERLANDS A survey commissioned by the Dutch Ministry of Economic Affairs - EXECUTIVE SUMMARY - Amsterdam, 3 November 2005 Mr.

More information

Side-by-side Comparison of the 2014 and 2015 TPA Bills

Side-by-side Comparison of the 2014 and 2015 TPA Bills Side-by-side Comparison of the 2014 and 2015 TPA Bills ***Prepared by Ways and Means Committee Democratic Staff*** A comparison of the Bipartisan Congressional Trade Priorities Act of 2014 (Baucus-Hatch-Camp)

More information

RECOMMENDATION CONCERNING THE PROTECTION AND PROMOTION OF MUSEUMS AND COLLECTIONS, THEIR DIVERSITY AND THEIR ROLE IN SOCIETY

RECOMMENDATION CONCERNING THE PROTECTION AND PROMOTION OF MUSEUMS AND COLLECTIONS, THEIR DIVERSITY AND THEIR ROLE IN SOCIETY RECOMMENDATION CONCERNING THE PROTECTION AND PROMOTION OF MUSEUMS AND COLLECTIONS, THEIR DIVERSITY AND THEIR ROLE IN SOCIETY Paris, 20 November 2015 UNITED NATIONS EDUCATIONAL, SCIENTIFIC AND CULTURAL

More information

ROCKEFELLER SNOWE CYBERSECURITY ACT SUBSTITUTE AMENDMENT FOR S.773

ROCKEFELLER SNOWE CYBERSECURITY ACT SUBSTITUTE AMENDMENT FOR S.773 ROCKEFELLER SNOWE CYBERSECURITY ACT SUBSTITUTE AMENDMENT FOR S.773 March 17, 2010 BACKGROUND & WHY THIS LEGISLATION IS IMPORTANT: Our nation is at risk. The networks that American families and businesses

More information

REGULATIONS FOR THE POSTGRADUATE DIPLOMA IN INTERNATIONAL ARBITRATION AND DISPUTE SETTLEMENT (PDipArb)

REGULATIONS FOR THE POSTGRADUATE DIPLOMA IN INTERNATIONAL ARBITRATION AND DISPUTE SETTLEMENT (PDipArb) 386 REGULATIONS FOR THE POSTGRADUATE DIPLOMA IN INTERNATIONAL ARBITRATION AND DISPUTE SETTLEMENT (PDipArb) (See also General Regulations) Admission requirements LL75 To be eligible for admission to the

More information

Intellectual Property and International Trade: The TRIPs Agreement

Intellectual Property and International Trade: The TRIPs Agreement Intellectual Property and International Trade: The TRIPs Agreement Editors Carlos M. Correa Abdulqawi A. Yusuf IKLUWER LAW INTERNATIONAL LONDON - THE HAGUE - BOSTON Contents Editors and Contributing Authors

More information

UCL Personal Tutoring Strategy

UCL Personal Tutoring Strategy APPENDIX AC 3/32 (09-10) UCL Personal Tutoring Strategy Recognising that UCL s commitment to provide its students with a first-rate learning experience encompasses both academic and personal dimensions,

More information

Book review: 2010 Axel Metzger

Book review: 2010 Axel Metzger Book review: Dário Moura Vicente, La propriété intellectuelle en droit international privé, Brill Academic Pub 2009 (Les Livres de Poche de L'Academie de Droit International de la Haye), 56 p., ISBN-0:

More information

Draft WGIG Issues Paper on E-Commerce

Draft WGIG Issues Paper on E-Commerce Draft WGIG Issues Paper on E-Commerce This paper is a 'draft working paper' reflecting the preliminary findings of the drafting team. It has been subject to review by all WGIG members, but it does not

More information

INTELLECTUAL PROPERTY RIGHTS

INTELLECTUAL PROPERTY RIGHTS INTELLECTUAL PROPERTY RIGHTS A.Ram Kumar Advocate High Court of Andhra Pradesh Intellectual Property Rights & Information Technology (Copyright ) Inscription on the copula in WIPO HQ Human genius is the

More information

Profiting from Non-Technological Innovation: The Value of Patenting. Novak druce centre insights No. 8

Profiting from Non-Technological Innovation: The Value of Patenting. Novak druce centre insights No. 8 Profiting from Non-Technological Innovation: The Value of Patenting Business METHODS Novak druce centre insights No. 8 contents 01 Introduction: An Unexplored Area 02 Patenting Non-Technological Innovation

More information

Elaboration of the Declaration on Universal Norms on Bioethics : Third Outline of a Text

Elaboration of the Declaration on Universal Norms on Bioethics : Third Outline of a Text United Nations Educational, Scientific and Cultural Organisation Organisation des Nations Unies pour l éducation, la science et la culture International Bioethics Committee (IBC) Distribution: limited

More information

German Insurance Association

German Insurance Association German Insurance Association Key regulatory and market access issues in relations with specific third countries ID-Number 6437280268-55 Gesamtverband der Deutschen Versicherungswirtschaft e. V. German

More information

Report. of the TiSA negotiation round. taking place 6-13 October 2015

Report. of the TiSA negotiation round. taking place 6-13 October 2015 Report of the TiSA negotiation round taking place 6-13 October 2015 Date: 29/10/2015 Summary The 14th TiSA negotiating round took place from 6-13 October 2015 and was organised and chaired by the US. The

More information

Intellectual Property Rights In India

Intellectual Property Rights In India Intellectual Property Rights In India Intellectual Property Office is an operating name of the Patent Office Contents Intellectual property rights in India 3 What are intellectual property rights? 3 International

More information

CYPRUS: INTELLECTUAL PROPERTY

CYPRUS: INTELLECTUAL PROPERTY CYPRUS: INTELLECTUAL PROPERTY i n f o r m a t i o n b r o c h u r e THE NEW CYPRUS IP REGIME Cyprus is evolving into a leading IP location Why Cyprus? A reputable and fully transparent financial centre,

More information

NATIONAL WORKERS COMPENSATION AND OCCUPATIONAL HEALTH AND SAFETY FRAMEWORKS

NATIONAL WORKERS COMPENSATION AND OCCUPATIONAL HEALTH AND SAFETY FRAMEWORKS NATIONAL WORKERS COMPENSATION AND OCCUPATIONAL HEALTH AND SAFETY FRAMEWORKS SUBMISSION TO THE PRODUCTIVITY COMMISSION FROM THE BUSINESS COUNCIL OF AUSTRALIA 1 INTRODUCTION SUBMISSION The BCA makes the

More information

LEGAL REGIMES GOVERNING FOREIGN DIRECT INVESTMENT (FDI) IN HOST COUNTRIES

LEGAL REGIMES GOVERNING FOREIGN DIRECT INVESTMENT (FDI) IN HOST COUNTRIES LEGAL REGIMES GOVERNING FOREIGN DIRECT INVESTMENT (FDI) IN HOST COUNTRIES SRIJANEE BHATTACHARYYA SLAUGHTER AND MAY Type: Published: Last Updated: Keywords: Legal Guide November 2012 November 2012 Foreign

More information

A Guide to Corporate Governance for QFC Authorised Firms

A Guide to Corporate Governance for QFC Authorised Firms A Guide to Corporate Governance for QFC Authorised Firms January 2012 Disclaimer The goal of the Qatar Financial Centre Regulatory Authority ( Regulatory Authority ) in producing this document is to provide

More information

TEXTUAL PROPOSAL TECHNICAL BARRIERS TO TRADE (TBT) Article 1 Objective and Scope

TEXTUAL PROPOSAL TECHNICAL BARRIERS TO TRADE (TBT) Article 1 Objective and Scope TEXTUAL PROPOSAL TECHNICAL BARRIERS TO TRADE (TBT) Article 1 Objective and Scope 1. The objective of this Chapter is to promote convergence in regulatory approaches, by reducing or eliminating conflicting

More information

Guide to the National Safety and Quality Health Service Standards for health service organisation boards

Guide to the National Safety and Quality Health Service Standards for health service organisation boards Guide to the National Safety and Quality Health Service Standards for health service organisation boards April 2015 ISBN Print: 978-1-925224-10-8 Electronic: 978-1-925224-11-5 Suggested citation: Australian

More information

TRIPS AGREEMENT. Changing the face of IP trade and policy-making

TRIPS AGREEMENT. Changing the face of IP trade and policy-making TRIPS AGREEMENT Changing the face of IP trade and policy-making Did you know? The establishment of the WTO s TRIPS (trade-related aspects of intellectual property rights) Agreement in 1995 changed the

More information

A HANDBOOK ON THE WTO TRIPS AGREEMENT

A HANDBOOK ON THE WTO TRIPS AGREEMENT A HANDBOOK ON THE WTO TRIPS AGREEMENT This handbook describes the historical and legal background to the TRIPS Agreement, its role in the World Trade Organization (WTO) and its institutional framework,

More information

New Directions in EU and Global Risk Regulation

New Directions in EU and Global Risk Regulation CALL FOR PROPOSALS 10 th International Workshop for Young Scholars (WISH) 10 ème Rencontre Internationale des Jeunes Chercheurs (RIJC) New Directions in EU and Global Risk Regulation Regulatory Autonomy,

More information

The Distinction Between Insurance Agent and Insurance Broker in California. Robert W. Hogeboom, Esq. 1 (213) 614-7304. May 2006

The Distinction Between Insurance Agent and Insurance Broker in California. Robert W. Hogeboom, Esq. 1 (213) 614-7304. May 2006 The Distinction Between Insurance Agent and Insurance Broker in California Robert W. Hogeboom, Esq. 1 (213) 614-7304 May 2006 The legal distinction between an insurance agent and insurance broker is under

More information

WIPO TRAINING OF TRAINERS PROGRAM ON EFFECTIVE INTELLECTUAL PROPERTY ASSET MANAGEMENT BY SMALL AND MEDIUM-SIZED ENTERPRISES (SMEs)

WIPO TRAINING OF TRAINERS PROGRAM ON EFFECTIVE INTELLECTUAL PROPERTY ASSET MANAGEMENT BY SMALL AND MEDIUM-SIZED ENTERPRISES (SMEs) WIPO TRAINING OF TRAINERS PROGRAM ON EFFECTIVE INTELLECTUAL PROPERTY ASSET MANAGEMENT BY SMALL AND MEDIUM-SIZED ENTERPRISES (SMEs) IP Law and Administration in the State of Qatar by Malik Al-Kammaz Saba

More information

The WTO Dispute Settlement System: Objectives - Procedures - Experience

The WTO Dispute Settlement System: Objectives - Procedures - Experience Page 1 The System: Objectives - Procedures - Experience Workshop at the Model WTO 2003 Thomas A. Zimmermann St. Gallen (Switzerland), [updated in September 2003] Thomas A. Zimmermann The Swiss Institute

More information

PRESENTED BY ELIZABETH TAMALE ASSISTANT COMMISSIONER MINISTRY OF TRADE AND COOPERATIVES

PRESENTED BY ELIZABETH TAMALE ASSISTANT COMMISSIONER MINISTRY OF TRADE AND COOPERATIVES PRESENTED BY ELIZABETH TAMALE ASSISTANT COMMISSIONER MINISTRY OF TRADE AND COOPERATIVES OUTLINE Introduction Uganda Trade and Intellectual Property Program (UTIP) Progress Challenges Way forward and conclusion

More information

224 Summary obliged to pay in the case of divorce. These alimony guidelines ( alimentatienormen ) gave judges something to hold on to when calculating

224 Summary obliged to pay in the case of divorce. These alimony guidelines ( alimentatienormen ) gave judges something to hold on to when calculating Summary In the Netherlands, as in all Civil Law Countries, legislation is the main source of law: the legislator s task is to create general rules and the judge s task is to make use of legislation to

More information

JUAN CARLOS I KING OF SPAIN

JUAN CARLOS I KING OF SPAIN 19814 LAW 37/2007 of 16 November 2007 on the re-use of public sector information JUAN CARLOS I KING OF SPAIN To all who see and understand this document. Be it known: That the Spanish Parliament has approved

More information

Yearbook. Building IP value in the 21st century. Taking a ride on the Birthday Train. KUHNEN & WACKER Intellectual Property Law Firm Christian Thomas

Yearbook. Building IP value in the 21st century. Taking a ride on the Birthday Train. KUHNEN & WACKER Intellectual Property Law Firm Christian Thomas Published by Yearbook 2016 Building IP value in the 21st century Taking a ride on the Birthday Train KUHNEN & WACKER Intellectual Property Law Firm Christian Thomas KUHNEN & WACKER Intellectual Property

More information

LLM IN INTERNATIONAL CORPORATE GOVERNANCE, FINANCIAL REGULATION AND ECONOMIC LAW

LLM IN INTERNATIONAL CORPORATE GOVERNANCE, FINANCIAL REGULATION AND ECONOMIC LAW LLM IN INTERNATIONAL CORPORATE GOVERNANCE, FINANCIAL REGULATION AND ECONOMIC LAW About the course The LLM in International Corporate Governance, Financial Regulation and Economic Law (ICGFREL) is an advanced

More information

In Search of the Meaning of Utility in Bankruptcy Code Section 366. January/February 2007. Mark G. Douglas

In Search of the Meaning of Utility in Bankruptcy Code Section 366. January/February 2007. Mark G. Douglas In Search of the Meaning of Utility in Bankruptcy Code Section 366 January/February 2007 Mark G. Douglas Entities doing business with a customer that files for bankruptcy protection generally have the

More information

Global Economy Journal

Global Economy Journal Global Economy Journal Volume 5, Issue 4 2005 Article 1 Perspectives on the WTO Doha Development Agenda Multilateral Trade Negotiations Overview: Perspectives on the WTO Doha Development Agenda Multilateral

More information

SYNOPSIS OF THE PROTECTION OF TRADITIONAL KNOWLEDGE BILL

SYNOPSIS OF THE PROTECTION OF TRADITIONAL KNOWLEDGE BILL SYNOPSIS OF THE PROTECTION OF TRADITIONAL KNOWLEDGE BILL Pages: 12 First publication: 2010 Document no: 2OD2012 Cite as: Dean, OH Synopsis of the Protection of Traditional Knowledge Bill Doc: 2OD2012 IPStell

More information

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL EUROPEAN COMMISSION Brussels, 21.3.2012 COM(2012) 124 final 2012/0060 (COD) Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the access of third-country goods and services to

More information

5. 16. Health Law in Canada. Constitutional Division of Power

5. 16. Health Law in Canada. Constitutional Division of Power Health Law in Canada Health care in Canada is a complex subject, some health care services are public, some are private and there are a number of different entities involved in regulating and providing

More information

Digital Single Market portability and crossborder access proposals the story so far

Digital Single Market portability and crossborder access proposals the story so far Digital Single Market portability and crossborder access proposals the story so far Digital Single Market portability and cross-border access proposals the story so far My aim for 2017 no roaming charges,

More information

Preamble. Page 1 of 5

Preamble. Page 1 of 5 TITLE 11. INSURANCE DEPARTMENT Chapter XI -- PREPAID LEGAL SERVICES PLANS AND LEGAL SERVICES INSURANCE Part 262. Legal Services Insurance (Regulation 162) 11 NYCRR 262.0 Preamble (a) This Part implements,

More information

Promoting Cross Border Data Flows Priorities for the Business Community

Promoting Cross Border Data Flows Priorities for the Business Community Promoting Cross Border Data Flows Priorities for the Business Community The movement of electronic information across borders is critical to businesses around the world, but the international rules governing

More information

CRIMINAL JUSTICE, BACHELOR OF SCIENCE (B.S.) WITH A CONCENTRATION IN FORENSIC CRIME SCENE INVESTIGATION

CRIMINAL JUSTICE, BACHELOR OF SCIENCE (B.S.) WITH A CONCENTRATION IN FORENSIC CRIME SCENE INVESTIGATION VCU 1 CRIMINAL JUSTICE, BACHELOR OF SCIENCE (B.S.) WITH A CONCENTRATION IN FORENSIC CRIME SCENE INVESTIGATION The major objective of this degree program is to prepare students for effective professional

More information

Targets in the proposed SDGs framework

Targets in the proposed SDGs framework Targets in the proposed SDGs framework Goal 3. Ensure healthy lives and promote well-being for all at all ages 3.2 By 2030, end preventable deaths of newborns and children under 5 years of age 3.6 By 2020,

More information

Qualitative analysis of a potential Free Trade Agreement between the European Union and India. Executive Summary

Qualitative analysis of a potential Free Trade Agreement between the European Union and India. Executive Summary Centre for the Analysis of Regional Integration at Sussex Qualitative analysis of a potential Free Trade Agreement between the European Union and India Executive Summary Centre for the Analysis of Regional

More information