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ID: 075228

Blurring lines of law and society / Roy, Abhik Guha

Roy, Abhik Guha	Journal Article
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Publication

2006.

Summary/Abstract

In a global system in which economic liberalism reigns supreme, law can only become an instrument to facilitate trade, as the internationalisation of intellectual property rights shows. Abhik Guha Roy points out that the legal system is increasingly used in the service of dominant business interests at the expense of true social justice. Will this evolution of legal concepts lead to a worldwide revolt against the contemporary notion of law?.

Key Words

Society ; Law ; Economic Liberalism ; Intellectual Property Law

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ID: 109202

Developing countries pursuit of an Intellectual Property Law ba / Juan He

Juan He	Journal Article
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Publication

2011.

Summary/Abstract

Progressive and steady technological advancement in developing countries has generated serious debate whether government discretion to manoeuvre IP laws is unduly curbed by the ever-increasing and fragmented international regulatory regime. The global regime has expanded from WIPO conventions to TRIPS at the WTO, and to a myriad of regional and bilateral agreements stipulating TRIPS-plus standards. The way that a harmonized IP fashion operates affects internal decisions in striking a proper balance between incentives to create and those to promote dynamic competition. For developing countries, the ultimate goal is to transform to a knowledge-based and innovative economy. In this regard, the TRIPS "balance" objective is ambiguously formulated and hence cannot be actively considered by WTO panels. Secondly, conditions in the individual exceptions are so restrictively applied that governments are set back from devising innovative exceptions to balance their obligatory commitments. To maximize the use of TRIPS leeway for technological development schemes, both deficiencies need to be managed by a balance-oriented initiative taken by the WTO judicial and/or legislative bodies.

Key Words

Developing Countries ; Intellectual Property Law ; WIPO ; WTO TRIPS Agreement

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