...grounds. Pharmaceutical patents on Anti-AIDS drug availability in the third world countries, focusing on an ethics of the Trade Related Aspects of Intellectual Property Rights (TRIPs) Agreement. It highlights the value of essential drugs and generic production in developing countries, using India, Cipla as a case study. It also explores global ways to deal with unethical grounds to TRIPs. History of Cipla, Indian Pharmaceutical Company Cipla is one of the world's largest producers of generic medicines.Cipla is one of India's top five pharmaceutical manufacturers. Although Cipla's primary market is India, the company sells its products worldwide. Cipla's lines of more than 400 drugs include anti-asthmatic, anti-cancer, anti-inflammatory, anti-depressant and anti-AIDS medications. Over the years, the company has developed strong research and marketing capabilities. In recent times, Cipla has attracted considerable media attention because of its efforts to offer AIDS drugs globally at very low prices. But in its quest to capture this market, Cipla faces the might of global multinational corporations, who are doing all they can to protect and enforce their patent rights. The case deals with all these issues in detail. World Trade Organization’s (WTO) The World Trade Organization’s (WTO) Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement, which extends the...
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...University of Connecticut. This article received the Holmes-Cardozo Award for Outstanding Submitted Conference Paper as well as the Ralph J. Bunche Best Paper Award at the Academy of Legal Studies in Business Annual Meeting, Indianapolis, IN, August 2007. Our thanks for comments and support go to Jayashree Watal, Peter Yu, Douglas Lippoldt, and the other participants at the University of Connecticut’s Center for International Business Education and Research Conference, ‘‘The Impact of Intellectual Property Rights on Innovation, Knowledge Diffusion, and Foreign Direct Investment in the Global Economy,’’ Storrs, CT, May 2007. Additional thanks to Anthony Kwasnica and Larry Cata-Backer for helpful comments. nn Associate Professor of Business Law, Smeal College of Business, The Pennsylvania State University. My research was supported by funding from the 2007 Smeal Competitive Research Grants Program. 1 The term ‘‘compulsory license’’ can refer to any compelled relaxation of an intellectual property owner’s right to exclude in exchange for a licensee’s...
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...Competition Law and Intellectual Property Rights with Special Reference to the TRIPS Agreement Research Paper for the Competition Commission of India February-March 2010 Eashan Ghosh V Year, B.A. LL.B. (Hons.) National Law School of India University, Bangalore TABLE OF CONTENTS §1 THE IPR AND COMPETITION LAW INTERFACE_____2 §2 TYPES OF RESTRAINTS_____3 §3 COMPETITION LAW REGULATION OF IPRs ACROSS JURSIDICTIONS_____4 §3.1 Europe_____4 §3.2 US_____4 §3.3 Other Jurisdictions_____5 §4 THE TRIPS AGREEMENT_____5 §4.1 Article 7_____6 §4.2 Article 8.2 _____7 §4.3 Article 40_____7 §4.4 Article 6_____10 §4.5 Article 31_____11 §5 WHAT STANCE SHOULD DEVELOPING COUNTRIES TAKE?_____12 §6 ADDRESSING THE IPR AND COMPETITION LAW INTERFACE IN INDIA_____14 §6.1 Through Domestic Legislation_____14 §6.2 At International Fora_____15 §7 ENDNOTES_____17 BIBLIOGRAPHY_____29 Primary Sources_____29 Secondary Sources_____32 1 §1 THE IPR AND COMPETITION LAW INTERFACE The simple hallmark of competition law is the protection of those principles and practices which enable the efficient functioning of markets.1 A natural concomitant to this objective is making certain that incumbent enterprises do not engage in anticompetitive practices to the detriment of the market.2 However, the application of competition law standards—in terms of practices that should be banned outright, viewed as potentially anticompetitive or should be investigated further—varies widely across jurisdictions.3 The interaction...
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...Trips Industrial designs geographical indications INTEGRATED circuits Undisclosed information ADV.MANISHA PANDYA ROLL NO.17 * BUSINESS LAW GROUP* LLM SEM II SUBMITTED TO PROF.TIWARI CONTENTS Chapter I * INTRODUCTION * GATT*WTO* TRIPS* * ------------------------------------------------- Implementation in developing countries Chapter II * What are intellectual property rights? * Geographical indication * Early agreements –History * Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) * ------------------------------------------------- Marketing * International trade * SECTION 3: GEOGRAPHICAL INDICATIONS Art. 22, 23, 24 Protection of Geographical Indications * Industrial design right * SECTION 4: INDUSTRIAL DESIGNS Article 25 * SEC 7: PROTECTION OF UNDISCLOSED INFORMATION Article 3 Chapter III * CONCULSION BILOGRAPHY & WEBOLOGY Chapter I GATT * WTO * TRIPS* The General Agreement on Tariffs and Trade (GATT) was a multilateral agreement regulating international trade. According to its preamble, its purpose was the "substantial reduction of tariffs and other trade barriers and the elimination of preferences, on a reciprocal and mutually advantageous basis." It was negotiated during the United Nations Conference on Trade and Employment and was the outcome of the failure of negotiating governments to create the International Trade Organization (ITO). GATT was signed...
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...justice by two principles. The first as equal rights for every person with the same extent of liberties for all, and the second as inequalities that are shared by all for the advantage of all and freedom for anyone to hold any position (Bankston, III, 2010). The Research College of Nursing (2009) further accepts social justice as “fair treatment regardless of economic status, ethnicity, age, citizenship, disability, or sexual orientation.” These both sound much like the first truth in the Declaration of Independence; “all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness” (ushistory.org., 2013). However, social injustice in America and around the globe is an ever present problem. I have personally witnessed in the hospital setting how the less fortunate are treated with disrespect and many times disregard. Social justice looks great on paper but will it ever be a reality? According to the mission statement of the World Trade Organization (WTO) (2013), the WTO primary purpose is to assist world trade flow with minimal undesirable side effects. The WTO is responsible for monitoring international trade contracts to keep such trade within specified limits (World Trade Organization, 2013). Between 1986 – 1994 the WTO established the Trade Related Aspects of Intellectual Property Rights (TRIPS) whose main premise is to monitor the rights of individual ideas and creativity (WTO...
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...Loyola Law School (Los Angeles) Legal Studies Paper No. 2005-18 August 2005 Facilitating Compulsory Licensing under TRIPS in Response to the AIDS Crisis in Developing Countries Professor Hans Henrik Lidgard Professor Jeffery Atik This paper can be downloaded without charge from the Social Science Research Network (SSRN) electronic library at: http://ssrn.com/abstract=794228 FACILITATING COMPULSORY LICENSING UNDER TRIPS IN RESPONSE TO THE AIDS CRISIS IN DEVELOPING COUNTRIES Hans Henrik Lidgard and Jeffery Atik1 Abstract The AIDS crisis in the developing world has become a priority for international collaboration. The challenge is to find a balance between the acknowledged need to protect large investments expended in developing new medicines and the goal of providing essential medicines to poor countries. Patent protection must prevent undue infringement yet at the same time allow solutions to humanitarian needs. Is compulsory licensing a way out? TRIPS originally restricted compulsory manufacturing licenses to the country experiencing a public health emergency – which was of little utility to countries lacking manufacturing capacity. The Doha agreement effectively permits twinned compulsory licensing – a distribution and use license in countries experiencing a public health emergency and a manufacturing-for-export license in countries possessing appropriate manufacturing capacity. These changes make possible, at least in principle, a greater source of supply of generic pharmaceuticals...
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...society as a result of protection through patents. We will look at both sides objectively – the side of the inventor who has been granted exclusive rights to his/her invention and the other side – whether patents can deny basic social rights such as health to society. As we move further, we will look to understand a global framework (TRIPS) that provides guidelines on intellectual property regulations, the issue of compulsory licenses used by governments to circumvent patent protection and critically analyze specific cases where issuing compulsory licenses may be the need of the hour. What is TRIPS? TRIPS or Trade Related Aspects of Intellectual Property Rights is an agreement administered by the World Trade Organization (WTO). The agreement covers the following broad issues with respect to regulation of intellectual property (IP): • Basic principles that apply to intellectual property rights agreements • Protection to intellectual property rights • enforcement of intellectual property rights across member nations • settling disputes related to intellectual property rights between member nations A key objective of TRIPS is to provide a common set of international rules or guidelines to ensure protection of patents around the world. TRIPS is unique because it binds any country to its system of intellectual property protection if that country wants to participate in international trade through the WTO. Membership in the WTO requires adherence to TRIPS. Doha...
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...1.0 Introduction 1.1 Overview of Pharmaceutical Industry In Bangladesh Pharmaceuticals industry is the heart of the healthcare sector of Bangladesh. After liberation in 1971, the industry was largely dominated by MNCs, and the country was highly import dependent. In 1982, through the formulation of national drug policy, and drug control ordinance, a defined guideline for the development of the industry was created. One of the fastest growing sectors with an annual average growth rate consistently in the double digits, the Bangladesh Pharmaceutical industry contributes almost 1% to the nation’s GDP. According to the UKTI (April, 2010) the total size of the pharmaceutical market of Bangladesh was estimated to be US$700 million in 2007. The retail market is about 90% of the total market. In that respect, the total market size is more than BDT 60 billion.(Chowdhury, 2010) The industry produced medication worth $715 million in 2007 with the market growing over 12% annually over the last half a decade and firms primarily focus primary on branded generic final formulations by using mostly imported APIs. According to the World Bank report (2008) about 80% of the drugs sold in Bangladesh are generics and 20% are patented drugs. The country manufactures about 450 generic drugs for 5,300 registered brands which have 8,300 different forms of dosages and strengths. These include a wide range of products from anti-ulcerants, flouroquinolones, anti-rheumatic non-steroid drugs, non-narcotic...
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...provides probably the best protection for the source code of a computer program. It simply requires that you take reasonable efforts to kept the source code secret, such as having agreements to keep it secret from everybody who has access to the source code. There are no formalities, such as filing with a government agency which is required. 1. Patents A patent is a government-awarded license that grants the inventor of a product or process exclusive rights to its manufacture, use or sale for a specified time period. As a condition of the patent, the inventor agrees to disclosure. However, although it is possible for others to examine the details of the patent, it is illegal to copy the product or process. 2. The five principle rights for the owner of a copyright are: 1. The right to reproduce the copyrighted work. 2. The right to distribute copies of the work to the public. 3. The right to display copies of the work in public. 4. The right to perform the work in public. 5. The rights to produce new works derived from the copyrighted work. Copyright Violations of a copyright laws is copying a program onto a CD to sell to someone else, preloading a program onto the hard disk of a computer being sold, distributing a program over the internet, and when a company attempts to create software that competes with an existing product. Franklin Computer Corporation manufactured the Franklin ACE to compete with Apple 11. The Franklin...
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...MIP Course. Week 2. LEGAL PRINCIPLES OF IP LAW Written Law To be a law, it has to be written. Presumption of innocence (not like in US) Case Law Case that happened before, and to which we are referring. It is a reported decisions. Jurisprudence. Every product has some patent, copyright or trade mark or IP protection. Even a vacuum. Patent (=brevet) It protect the concept of the construction of the article. Has to have: novelty, industrial steps, and has to have a commercial aim. Duration: 20 years. You have to reapply for it, or invent a new thing. It is a short-term monopoly. It is a negative right: to prevent other people to use it. Trade marks (=marques) Mickey Mouse was allowed an extension of its copyright by lobbying the US. So the firm was really powerful. * What is a trade mark? Symbol that can be a design, logo, words, colour, smell, sound. It is the mark of the maker. Trade mark is about goodwill towards the customer, to help them recognise the product they want. We cannot call something Champagne when it does not come from this region in France. * When did it appear? 1986: first registry trade mark. It is an old protection. * How can you protect your trade mark? You can register it at the IP Office. But if it becomes a work in the common usage, you cannot protect it anymore (Hoover, Kleenex, Aspirin). Sometimes, you find 2 same trademarks. But it is okay because they are in two different classes (two different sectors in the industry)...
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...EXECUTIVE SUMMARY The purpose of this report was to analyze the conflict of intellectual property between both pharmaceutical research firms located in New Zealand and Venezuela. Specific objectives were to identify whether there exists any agreement on Intellectual property agreement between Venezuela and New Zealand, determine if the conference paper constitutes a piece of intellectual property and determine how to handle the situation with the two employees. Research found that New Zealand and Venezuela are parties to various international agreements. The report makes recommendations on what step to take should the firm be guilty of intellectual property infringement, dealing with the two employees involved in the research and putting a process in place to avoid such occurrence. In addition the report recommends re-circulating of the non disclosure agreement and the firm's contract of employment around the organisation to be read and signed again by all employees. INTRODUCTION Intellectual property rights are the rights given to people over the creations of their minds; inventions, literary and artistic works, and symbols, names, images, and designs used in commerce. Intellectual property relates to items of information or knowledge, which can be incorporated in tangible objects at the same time in an unlimited number of copies at different locations anywhere in the world. Intellectual property rights are also characterized by certain limitations, such as limited duration...
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...Allison Morein BA 446 November 27, 2013 Mr. Drell Intellectual Property Since the beginning of time people have put their knowledge and creative to use to design all sorts of products. Since then, the creators have worked to protect their creations and ideas from others who want to take them. Creators have gone to great measures to protect their works. One famous, extreme case of this is of Shah Jahan, the emperor who built the Taj Mahal. Folklore has it that the emperor had the hands of his craftsmen cut off so that they could never create another monument such as that one. In today’s world we have laws to protect all types of intellectual property. Intellectual property is divided into four parts: patents, copyrights, trademarks, and trade secrets. A patent is defined as a government authority to an individual or organization conferring right or title, especially the sole right to make, use, or sell some invention. It grants property rights on inventions and excludes those other than the patent holder from making, selling, or using the invention. There are three types of patents: utility, design, and plant. A utility paten is the most common type and covers any process, machine, article of manufacture, or composition of matter. A design patent covers any new, original, and ornamental design for an article of manufacture. A plant patent covers any new variety of asexually produced plant. A design patent lasts 14 years while a utility or plant patent lasts 20 years...
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...under no obligation to extend protection to a particular geographical indication unless that geographical indication is protected in the country of its origin. Prior to 2003, India did not protect geographical indications of Indian origin. In order to comply with India's obligations in the TRIPS Agreement, it enacted the Geographical Indications of Goods (Registration & Protection) Act, 1999, which came into force with effect from 15th September 2003. The present geographical indications regime in India is governed by the Geographical Indications of Goods (Registration & Protection) Act, 1999 and the Geographical Indication of Goods (Regulation and Protection) Rules, 2002. By registering a geographical indication in India, the rights holder can prevent unauthorized use of the registered geographical indication by others and promote economic prosperity of producers of goods produced in a particular region. Registration of the geographical indication in...
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...change especially in business means success. Of course nothing comes easy and there are not only many changes that are implemented but legal issues that must be sorted out. E - Business deals with much more than just selling, there are contracts, negotiations, etc. Many people feel that E - Business not only has a major impact on the way we do business but will dramatically change the way we do business. There are many different problems and laws pertaining to E-business that cause problems. It seems as if more and more there tend to be problems surrounding copyrights, trademarks, patent, and domain names. Litigation is one of the tools used to value the intellectual property of the client. To be able to work effectively at understanding the law one has to understand the grounds surrounding the right to property. E-business laws include; Trademark and patent laws; Consumer protection laws (if you plan to sell online goods/services); Licensing laws and taxation laws. When dealing with an E-business a good move would be to appoint a team of qualified people to do...
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...July 12, 2009 Atlanta, GA Draft Announcement GHS Law Partners will present its fifth annual IP Seminar for Business Attorneys in Atlanta, GA, on July 12, 2009. GHS Law Partners believes that sharing knowledge and expertise in this area of law enhances the business climate and improves the ability of business-focused firms to serve their diverse client base. This event is intended for attorneys who want to expand their knowledge of intellectual property in order to serve better their clients. Intellectual property law affects every kind of business and clients’ rights, obligations, and strategies. Some states confer CLE credits for this seminar. Each attendee will receive a complete set of all seminar materials along with an IP textbook written by one of our partners. Audio tapes and DVDs of selected sessions will also be available. The three morning sessions will focus on copyrights: Lunch will feature a panel discussion of GHS attorneys and other trademark experts. Among the topics discussed will be: Use of trademarks Trademark enforcement Avoiding dilution of trademark The four afternoon sessions will cover patents: Patent Basics Understanding Trade Secrets and Patent Protection Current Issues in Patents Business Considerations in Patents and Trademarks Registration will open on April 1, 2009, and is limited to 400 attendees. Discounted rates are available at several nearby hotels. A “dine-around” dinner will be arranged at several local restaurants for those...
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