加拿大留学生知识产权论文 Intellectual Property Law [4]
论文作者:英语论文论文属性:硕士毕业论文 thesis登出时间:2014-09-29编辑:zcm84984点击率:21554
论文字数:6603论文编号:org201409281316521084语种:英语 English地区:加拿大价格:免费论文
关键词:留学生论文知识产权论文商标版权International Law EssayIPR
摘要:本文是一篇留学生知识产权论文,知识产权(IPR)津贴(专利,商标,版权),是由政府正式允许的,以及在某一段时间内提供给拥有者用自己的知识产权(IP)的限制的权利。
ights] may be waived by a Member in the case of national emergency or other circumstances of extreme urgency or in cases of public non-commercial use.”
However they did not defined what “national emergency” or “extreme urgency” and “public non –commercial use”. There was also a condition foe using the compulsory licensing. Moreover part (f) of Article 31 requires that “any such use shall be authorized predominantly for the supply of the domestic market of the Member authorizing such use…”
Ex: If Chad wants to import a cheap Indian generic version of a new medicine from India. Since the medicine is under patent, in order to supply the medicine to Chad, India would have to issue a compulsory license. But to do so, India would have to find a domestic reason to issue the compulsory license because the rule says that “any such use shall be authorized predominantly for the supply of the domestic market”.
Chapter 3: Discussion
Introduction
Article 7 of the TRIPs agreement states the “The protection and enforcement of intellectual property right should contribute to the promotion of technological innovation and to the transfer and dissemination of technology to the mutual advantage of producers and users of technological knowledge in a manner conducive to social and economic welfare and to balance the rights and obligations.” (WTO 1999)
From what is stated above, it could be said that if any member of the World Trade Organization (WTO) including developing countries would beneficiate of technology as a means of social welfare. However would the implementation of such objective in developing countries not affect “their ability to use technological knowledge to promote public interests goals such as health, nutrition and environmental conservation”? (Juma, C., 1999)Would these objectives not beneficiating only certain countries that have reached higher level of industrialization to the detriment of the poorer ones? The following are the controversies pertaining to the implementation of TRIPs agreement on developing countries:
Harmonizing of Intellectual Property with National Laws
On January 1995, the TRIPs agreement came into effect with a view of harmonizing intellectual property rules and establishing minimum standards for national laws. For developed countries like United States, Europe and Japan, the harmonizing of the key elements of the agreement and their national laws were considerably easier than for developing countries. For the developing nations the issues was not about harmonizing but largely about access to technological access (South Centre 1998, 1999).
Producer versus User of technology
The developing countries would be the ones which would generally import the technology with firm avenues that maximize access to the technology while the exporting nations (highly industrialized countries who the capabilities, skills and resources to have continually created new concepts and technologies) would sought to protect it (Yusuf, A.A, 1998). This is because it is an expensive, time consuming and financially risky endeavor to produce new and safe drugs for the market. Advanced chemical research and long clinical trials must be undertaken, and in case both of these prove successful, there awaits an often lengthy approval process (Pogge 2005)
However it should be noted that many
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