Ritically comment on TRIPs and its implications for developing countries.

Global Trade Law
Assignment Titles: Critically comment on TRIPs and its implications for developing countries.

TRIPs-relatedi??knowledge?

TRIPs and the Contemporary Legal Problems

As developed economies have become increasingly knowledge-based and thus have far more comparative advantages than developing countries, the position of the latter
is considerably marginalised. In this context, IPR protection has become a key issue involving substantially in both international law and development policy.

The International Architecture of Protection
As developed economies have become increasingly knowledge-based and thus have far more comparative advantages than developing countries, the position of the latter is considerably marginalised. In this context, IPR protection has become a key issue involving substantially in both international law and development policy.

What are significant characteristics of national law on IPR and what is the significance of international IPR?
One of the significant characteristics of national law on IPR is territoriality. If the IPR proprietors wish to extend recognition of their rights to other countries, they will have to make an application to the countries concerned.

What are the Main international treaties protecting IPRs?
i?? Paris Convention for the Protection of Industrial Property signed in 1883
i?? Berne Convention for the Protection of Literary and Artistic Work in 1886
i?? Madrid Agreement Concerning the International Registration of Marks in 1891

Why WIPO is marginalised?
Since Uruguay Round negotiations in 1986, developed countries have started to i??pull the debate away from WIPOi??, trying to integrate the issue of IPR with that of free trade i?? i??trade related IPRsi??.

TRIPS: a i??milestonei?? in the history of IPR?
Upon its establishment, the TRIPs Agreement has been hailed as the i??milestonei?? in the development of international IPR regime at the end of the twentieth century, and i??the most farreaching and comprehensive legal system ever concluded at the multinational level in the area of IPR,i?? which i??revolutionised international intellectual property law.i??

TRIPS: Its objectives
In its preamble, TRIPs specified as one of its objectives i??to reduce impediments to international trade, to promote effective protection of IPR, and to ensure that measures to enforce IPR do not become barriers to legitimate trade

Is the harmonising effect of TRIPs only significant to the poor states?
i?? Sweden (1999)
i?? Ireland (1998)
i?? Denmark (1999)
i?? Greece (1998)

TRIPs and the changing landscape of IPR
Democratization and globalization have had a significant impact on i??increase[ing] the number of legal transplantsi??and, as a consequence, i??most major legislation [in developing countries] now has a foreign component.i?? As a notable instance, the establishment of the TRIPs regime has changed the scene of the IPR of the developing world beyond recognition, and aroused energetic legislative zeal that makes it rather difficult to keep pace with.

TRIPs Norms: A i??Hijacked Issuei???
The harmonization of intellectual property law via the WTO has become one of the most visible fields of legal reform imposed by industrialized nations in the context of neoliberal globalization advocated as thei??Washington Consensus.i??

Fair Use of Copyright: Where is the Bottom Line
i??Fair usei??, as a doctrine of national law, particularly the U.S. Copyright Law, is based upon the fact that i??every book in literature, science and art, borrows and must necessarily borrow, and use much which was well known beforei??, and it alleviates the i??inherent tension in the need to simultaneously protect copyrighted material and to allow others to build upon it.i??

Luther R. Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569,
575, 29 U.S.P.Q.2d (BNA) 1961, 1964 (1994)

From i??Breachingi?? to i??Preachingi?? :Historical Spectrum
i??Until the Second World War the United States had little reason to take pride in its international copyright relations; in fact, it had a great deal to be ashamed of.i??

Barbara Ringer, the former Register of Copyrights in the United States and one of the principal architects of the Copyright Act of 1976.

12th Global Economic Prospects, the World Bank

i??The TRIPs Agreement significantly increased the requirements for protecting intellectual property incumbent upon nations that wish to be part of the global trading system. While promising some eventual
benefits, the new regime is asymmetric in its likely effects across countries. Low-income economies may expect to incur net costs for some time, suggesting that patience and assistance are needed… …i??

TRIPs and the Contemporary Legal Problems
After an introduction to the TRIPS Agreement and its main substantive provisions,
the purpose of this seminar is to have an open discussion about TRIPS and
development issues.

A. Documents
Amendment of the TRIPS Agreement (adopted on 6 December 2005):
mindecl_trips_e.htm
The Doha Declaration on TRIPS and Public Health (adopted on 14 November 2001):
mindecl_trips_e.htm
Implementation of Paragraph 6 of the Doha Declaration on the TRIPS Agreement
and Public Health (Decision of the GC of 30 Augustus 2003):
WHO, WTO Agreements and Public Health i?? A Joint Study by the WHO and
the WTO Secretariat (Geneva: WTO/WHO, 2002), at
who_wto_e.pdf