...on Intellectual Property Comparison Between Developed And Developing Country. Submitted to Fahmida Hasan Department of Business Administration Submitted by |Name |ID | |Rajib Kundu |2010-2-10-329 | |Rakib Hasan Rabbi |2010-2-10-300 | |Razuan Ahmed |2010-2-10-071 | |Almahmud |2010-2-10-048 | |Showrav hasin |2010-2-10-074 | |S M Mostafizur Rahman |2010-1-10-092 | Section : 1 Course No : BUS 361 Course Name: Transmittal Letter April 4,2013 Fahmida hasan Department of Business Administration, East West University Subject: Submission of an assignment on comparison of intellectual property...
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...[pic] Assignment on Intellectual Property Comparison Between Developed And Developing Countries. Submitted to Fahmida Hasan Senior Lecturer Department of Business Administration Submitted by |Name |ID | |Rajib Kundu |2010-2-10-329 | |Rakib Hasan Rabbi |2010-2-10-300 | |Razuan Ahmed |2010-2-10-071 | |Almahmud |2010-2-10-048 | |Showrav hasin |2010-2-10-074 | |S M Mostafizur Rahman |2010-1-10-092 | Section : 1 Course No : BUS 361 Course Name: Legal Environment of Business Transmittal Letter April 4,2013 Fahmida Hasan Senior Lecturer Department of Business Administration, East West University ...
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...Intellectual Property Rights and Economic growth “Imagination is more important than knowledge” – Albert Einstein Albert Einstein’s preference of imagination over knowledge speaks well to the potential capabilities of enterprises and businesses. If a creative idea is discovered, it can be transformed into innovative products. Innovation is instrumental among other things in creating new jobs, providing higher incomes, offering investment opportunities and curing disease. “There is wide agreement that innovation and entrepreneurial activity are the engines of long-run economic growth” (Hill 63). Intellectual property rights have become a significant factor in both creating and using ideas that are translated into knowledge and inventions to promote innovation and economic growth. Through this paper I will discuss the importance of protecting intellectual property and its impact on economic development. What is intellectual property and IPR’s? “Intellectual property refers to property that is the product of intellectual activity” (Hill 54). It might be a poem that you write, a computer software, a mother’s invention of saline Boogie Wipes for babies or a formula for a new drug. Creators can be given the right to prevent others from using their inventions, designs or other creations and to use the right to negotiate payment in return for others to use them. These are “Intellectual property rights”. They allow the creator or owner of a patent, trademark, or copyright...
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...| 2012 | | Core 8 [FOreign Policy in latin America](Paper taken to writing clinic: hannah) | | Every country’s foreign policy consists of self-interest strategies chosen by the state to safeguard its national interests and to achieve its goals within international relations. Its goal is to interact with other countries and non-state actors. Foreign policies are designed by the government through high-level decision making processes. The US has been involved in foreign affairs with Latin America for some time now. How are the US and Latin America with Foreign Affairs? Are Latin Americans’ Intellectual Properties being robbed? Are Latin American countries being restored and growing? There are many other questions to ask regarding the foreign policy issues concerning Latin America. One huge problem with Foreign Affairs/Policies is the Drug Trafficking from Latin America into the United States. Cuba is not necessarily a drug producing country but it is a transit one. In 1998 nearly 7.2 metric tons of cocaine were seized in Colombia on its way to Cuba. Also, there was a 50% increase in drug over flight, which includes people carrying drugs as mules on planes and the dropping of drugs into American water from Cuban planes heading to the States (House Government Reform Committee) Castro had once said that he did not want the United States interfering with Cuban drug relations. Most American government officials believed him to be the main cause of drug transportation...
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...| Pharmaceutical companies | Research Paper | | Daren Smith | 5/21/2012 | | Abstract There is a lot of discussion about pharmaceutical companies, intellectual property, and the global AIDS epidemic. Do pharmaceutical companies have a responsibility to distribute drugs for free or low cost in developing countries? Why is intellectual property such a big deal? What impact would South Africa’s decision to levy duties on drugs in the country have on the international distribution of drugs? Was the change that provided patent protection for pharmaceutical companies an appropriate change or a dangerous precedent? Was it necessary to relax intellectual property rules in order to ensure that adequate supplies of AIDs medications would be available for distribution in the developing world? What role to multi-national corporations have in providing funding or other assistance to international organizations such as the Global Fund? All these questions have many arguments for and against but the right answers probably lie somewhere in between. Having and providing access to affordable medication is one of the greatest challenges we face in today’s world. Many people see that pharmaceutical companies are irresponsible. The evidence is in the high prices individuals have to pay for medications. Although I don’t care for higher priced medications I do believe in the right for a business, or individual, to make money. To come up with medications it takes...
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...The Washington Declaration on Intellectual Property and the Public Interest The Global Congress on Intellectual Property and the Public Interest, August 25-27, 2011, convened over 180 experts from 32 countries and six continents to help re-articulate the public interest dimension in intellectual property law and policy. This document records the conclusions from the Congress and is now open for endorsements and comments at http://infojustice.org/washington-declaration Preamble Time is of the essence. The last 25 years have seen an unprecedented expansion of the concentrated legal authority exercised by intellectual property rights holders. This expansion has been driven by governments in the developed world and by international organizations that have adopted the maximization of intellectual property control as a fundamental policy tenet. Increasingly, this vision has been exported to the rest of the world. Over the same period, broad coalitions of civil society groups and developing country governments have emerged to promote more balanced approaches to intellectual property protection. These coalitions have supported new initiatives to promote innovation and creativity, taking advantage of the opportunities offered by new technologies. So far, however, neither the substantial risks of intellectual property maximalism, nor the benefits of more open approaches, are adequately understood by most policy makers or citizens. This must change if the notion of a public interest...
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...Delicate Balance Of Intellectual Property And Access Economics Essay Health is a human right and intellectual property must not become overemphasized at the expense of human life. There is a delicate balance between the human rights of HIV/AIDS sufferers and the economic, political, and human rights of corporate citizens to protect intellectual property within the pharmaceutical industry. This essay intends to answer the six questions related to the In-Depth Integrative Case 1.2 and highlight the global rights conflict of between a developing country’s fight to confront the AIDS epidemic and intellectual property protection. Delicate Balance Of Intellectual Property And Access To Medication Introduction When the South African Medicines Act was introduced it quickly resulted in battle lines being drawn between patent rights and public health. While all parties acknowledged the scope of the AIDS crisis, how to go about solving the problem became the subject of significant moral and legal debate (Halbert, 2012). Case Study Review In the case study Pharmaceutical companies, intellectual property, and the global AIDS epidemic, there are a number of questions to review. First, do pharmaceutical companies have responsibility to distribute drugs for free or at low cost in developing countries? What are the arguments for and against such an approach? There are socio-economic responsibilities of businesses and pharmaceutical companies have responsibility to distribute drugs for free...
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...Trade Related Aspects of Intellectual Property Rights (TRIPS) The Agreement on TRIPS is an international agreement administered by the WTO that sets down minimum standards for many forms of intellectual property (IP) regulation as applied to nationals of WTO Members. It was negotiated at the end of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) in 1994. The TRIPS agreement introduced intellectual property law into the international trading system for the first time and remains the most comprehensive international agreement on intellectual property to date. In 2001, developing countries, concerned that developed countries were insisting on an overly narrow reading of TRIPS, initiated a round of talks that resulted in the Doha Declaration. Specifically, TRIPS contains requirements that nations' laws must meet for copyright rights, geographical indications, industrial designs; patents; trademarks. TRIPS also specifies enforcement procedures, remedies, and dispute resolution procedures. Ratification of TRIPS is a compulsory requirement of World Trade Organization membership. TRIPS requires member states to provide strong protection for intellectual property rights. For example, under TRIPS: Copyright - Copyright terms must extend to 50 years after the death of the author. Computer programs must be regarded as "literary works" under copyright law and receive the same terms of protection. Patents - The agreement says patent protection must be...
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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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...generated around the globe on ethical 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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...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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...‘Knowledge economy’, is an economy that creates, manages and uses knowledge for growth. Intellectual property embraces the results of human creative endeavors including literary and artistic works, performances of performing artists, sound recordings, broadcasts, inventions, industrial designs, trademarks and service marks, protection against unfair competition, undisclosed information, geographical indications, layout designs of integrated circuits and new varieties of plants. The law of intellectual property recognizes and protects, among other things, the rights of the creators encouraging them to further their creative efforts and facilitating the dissemination and application of the results of creative efforts for the benefit of both creators and society as a whole. The areas such as promotion of national creativity, protection and management of the results of creativity, facilitation of transfer and management of technology, attraction of investment, enhancement of R&D activities, development of human resources and stimulation of entrepreneurship are some of the essential components of an environment conducive to a knowledge economy. Intellectual property which concerns creation, management and protection of knowledge can greatly contribute to developing and maintaining such an environment.The economic dynamism of intellectual property is multi-faceted. A few of them may be briefly highlighted as follows. Incentive for inventiveness It is the human experience...
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...2009 – 2010 Intellectual Property I. Description 1. Patents 2. Copyrights II. Identify Ethical issues involved 1. Global social justice 2. Utilitarian point of view 3. Materialization of intangibles III. Points of view 1. Public 2. Owners of rights 3. Government IV. Considering available alternatives 1. Tightening intellectual property 2. Letting loose intellectual property V. Consequences of the application of protection 1. Extensive protection consequences 2. Less protection consequences VI. Examples 1. World 2. Lebanon VII. Conclusion 1. Determining the facts Most discussions about intellectual property rights are focused on patents and copyright because, as long as they are rationalized, trademark rights are simple rights of identification that only benefit owners or copiers but not affect progress and are not regarded heavily as a beneficial creation for the community. Arguments for intellectual property protection include increased creation due to financial incentives which leads to economic growth, and possibly a wider and more efficient distribution. Arguments against it include criticism of its range and length, its infringement of freedom, restraining of progress and diffusion, and its contribution to the global injustice issues. “For developing countries to benefit from providing IP protection to rights holders based in developed countries, there has to...
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...working papers The Role of Intellectual Property Rights in Technology Transfer and Economic Growth: Theory and Evidence UNITED NATIONS INDUSTRIAL DEVELOPMENT ORGANIZATION The Role of Intellectual Property Rights in Technology Transfer and Economic Growth: Theory and Evidence By Rod Falvey Leverhulme Centre for Research on Globalisation and Economic Policy, School of Economics, The University of Nottingham and Neil Foster Department of Economics, University of Vienna In cooperation with Olga Memedovic UNIDO, Strategic Research and Economics Branch UNITED NATIONS INDUSTRIAL DEVELOPMENT ORGANIZATION Vienna, 2006 This publication was prepared by Olga Memedovic, UNIDO staff member from the Strategic Research and Economics Branch drawing on the background paper prepared for the UNIDO Research Project “Public Goods for Economic Development”, by Rod Falvey and Neil Foster. Rod Falvey is Professor of International Economics, Leverhulme Centre for Research on Globalisation and Economic Policy, School of Economics, The University of Nottingham. Neil Foster is Assistant Professor of economics at the Department of Economics, University of Vienna. The publication has benefited from the valuable comments provided by Professor David Greenaway during the finalization of this publication. UNIDO intern Robert Lambertus van Lavieren provided assistance during various stages of preparing this publication. The authors are grateful to Michael Bailey for proofreading the final...
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...pharmaceutical companies to profit from their patented inventions and the desire to provide access for impoverished persons. Developing nations have attempted to resolve this tension through the issuance of patent compulsory licensesFauthorizations for government-approved generic copies1Fso that those in need of the n Assistant Professor of Business Law, School of Business, 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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