Suchergebnisse

This insightful and important new book explores the role played by non-governmental-organizations (NGOs) in articulating concerns at the TRIPS Council, the WIPO, the WHO, the CBD-COP and the FAO that intellectual property rights can have negative consequences for developing countries. Duncan Matthews describes how coalitions of international NGOs have influenced the way that the relationship between intellectual property rights and development is understood, often framing the message as a human rights issue to emphasize these concerns and ensure that access to medicines, food security and the rights of indigenous peoples over their traditional knowledge are protected. Based on extensive research undertaken in Geneva and in developing countries, the book also reveals how NGOs and broader social movements in Brazil, India and South Africa have played a crucial role in addressing the negative impacts of intellectual property rights by using human rights law as a practical tool before national courts and when seeking to influence national legislation and government policy. Intellectual Property, Human Rights and Development will appeal to academics, practitioners, activists, international negotiators and postgraduate students in intellectual property law, human rights law, the international political economy of intellectual property rights and development studies.

"In Globalising Intellectual Property Rights, Matthews looks at various aspects of the TRIPs Agreement - agenda-setting, legal interpretation, implementation, enforcement and revision - from the viewpoint of both global business interests and developing countries. It is argued that the Agreement was largely the result of an initiative by multinational companies who sought to protect their own intellectual property rights through international law and, furthermore, that it is these multinational companies who are now its main guardians. The book concludes that the history of the TRIPs Agreement and the role of business is a clear example of governance by non-state actors on a global scale." "This book will be of interest to students and researchers in the fields of international relations, intellectual property law, international economic law and development studies."--Jacket

"Intellectual property (IP) is a key component of the life sciences, which is becoming one of the most dynamic and innovative fields of technology today. At the same time, the relationship between IP and the life sciences is raising new public policy dilemmas. [This book] comprises contributions by leading experts from academia and industry that confront current debates and controversies at the intersection of IP and the life sciences through in-depth analyses of key topics including pharmaceuticals, diagnostics and genes, plant innovations, stem cells, the role of competition law and access to medicines. The first section of this book highlights the importance of IP for medicines and pharmaceuticals, discussing topics including gene patents, and the second section deals with agricultural sector issues such as plant innovations. The third section of the book covers areas of research and development in the life sciences, such as stem cell research, and raises questions about incorporating ethical considerations into patent law. While the primary focus of the book is on Europe and the United States, the fourth section includes country-specific case studies on Australia, Brazil, China, India, Japan, Kenya, South Africa and Thailand to provide a truly international perspective."--

Abstract
Patent information must, in certain circumstances, be prevented from being made available to the public for reasons of national security. This policy imperative deviates from the conventional approach under patent law, which emphasises a bargain with society whereby patent rights are granted in return for disclosure of the invention and communication to the public. How best to achieve a balance between keeping an invention secret for reasons of national security and disclosure of the invention will depend on circumstances that may well change rapidly. The stronger the threat to national security, the more the policy tends to lean toward keeping certain inventions secret. The war in Ukraine brings this patent policy imperative sharply into focus. This opinion undertakes a historical analysis of patent law approaches for keeping inventions secret in key countries and analyses current arrangements for the patent protection of secret inventions in Ukraine. This opinion concludes that Ukraine should consider the long-term implications of keeping patented inventions secret when the war finally comes to an end, having regard to the potentially negative consequences for future innovation. This opinion also recommends that Ukraine provides reasonable compensation for patent proprietors, taking into account the economic losses associated with the fact that secrecy orders will prevent the commercialisation of otherwise potentially lucrative inventions.