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ID:
183856
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| Summary/Abstract |
Affordable access to medicines is a key determinant of a country’s resilience to health crises. The modern hyper-connected international trade and production networks have a vital role to play in ensuring this accessibility, especially in the context of a pandemic. This article focuses on medicines and medical equipment and analyses the synergistic role of the two international organisations—The World Trade Organisation (WTO) and The World Health Organisation (WHO), in assuring affordable access to these goods globally. WHO is responsible for global healthcare regulations; however, the medical supply chain originates in a few developed countries, manufactured in bulk (in case of medicine) at low cost in developing countries, and finally traded worldwide. Here, the role of WTO comes in where it facilitates global trade cooperation and intellectual property rights monitoring, both key elements in medical goods production and trading. Despite the need for cooperation in mitigating COVID-19, much of the global response to COVID-19 has been fragmented and inward-looking. This lack of coordination has serious repercussions especially for developing countries. We use qualitative content analysis methodology, connecting concepts of cooperation theory and global governance to identify the joint role of the two organisations in fostering global cooperation in medical goods accessibility.
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| 2 |
ID:
094995
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| Publication |
2010.
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| Summary/Abstract |
The implementation of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) in Egypt raised concerns over public health implications, resulting from pharmaceutical patents, especially because the Egyptian pharmaceutical industry is heavily dependent on generic production. The current level of global competition in the pharmaceutical market, together with the lack of local pharmaceutical research, threaten the industry, and, as a result, access to affordable medication is expected to be impaired. Determinants of access to medicines are analysed. An epidemiological overview of the most prevalent diseases in Egypt has been done in light of the results of surveys about changes in medicine prices and availability, to speculate about potential limitations in access to medicines. Considering domestic pharmaceutical pricing and marketing regulations, which are mainly concerned with affordability, together with the flexibilities in the TRIPS Agreement, short-term solutions to potential access problems will be possible. Egypt has the necessary theoretical safeguards against negative implications of the TRIPS Agreement on access to treatment. However, this does not necessarily mean that these safeguards will be implemented in a way that will protect against the implications of patent protection on medicines in the long term.
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| 3 |
ID:
078885
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2007.
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| Summary/Abstract |
The dispute European Communities-Protection of trademarks and geographical indications for agricultural products and foodstuffs, which opposes the European Union with the United States and Australia, has been raised by the European regulation concerning the protection of geographical indications (GIs). This dispute has two important issues. First, the Panel has demonstrated that the European Regulation does not comply with national treatment promulgated by the Agreement on Trade-Related Aspects of Intellectual Property Rights and the General Agreement on Tariffs and Trade 1994. Second, the Panel affirmed the possibility of some coexistence between GIs and identical prior trademarks. This article considers these issues and describes the positions of the parties at the end of the dispute over protection of GIs. The first part discusses the Panel's conclusions on national treatment and the coexistence of GIs and prior trademarks. The second part provides an analysis of the relationship between national treatment and international harmonization of the rules on the protection of GIs. This shows that if the Panel findings do not annihilate the European system of protection of GIs, the United States will find it advantageous to free ride and resist any move towards the European system of protection.
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| 4 |
ID:
096425
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| 5 |
ID:
089868
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| 6 |
ID:
105124
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2011.
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| Summary/Abstract |
This paper examines the objectives of the PPV&FR Act in the light of history and current state of Indian agriculture, drawing comparisons with approaches adopted by developed countries and/or the international community in the early days of plant variety protection where relevant. The analysis has been done with a view to determining the problems faced by Indian agriculture that the government seeks to resolve with the help of the PPV&FR Act. It provides a statistical analysis of plant variety application trends under the PPV&FR Act to determine whether the Act is 'effective' in the light of the objectives that it seeks to accomplish as per its statement of objects and reasons. Need and suggestions to make the Indian law more effective from a national interest perspective and also strengthening India's stand before the international community where Article 27.3(b) of the TRIPS Agreement continues to be under review are highlighted.
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| 7 |
ID:
021901
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May 2002.
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| Description |
395-404
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| 8 |
ID:
110493
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2011.
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| Summary/Abstract |
As a European intellectual property lawyer, the author is often struck by the amount of comparative analysis in the area of intellectual property which adopts US intellectual property laws, rather than European ones, as their point of comparison. This seems strange when in many respects US intellectual property laws have their own unique features and when European such laws are often more closely aligned with the laws of most other countries in the world. This series of articles aims to expand knowledge of and to explain something of European intellectual property laws; how they got to their present state, what are current hot topics in them, where they are heading and why they matter. This second article in the series will focus on related rights.
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| 9 |
ID:
110489
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