Twenty-five years since TRIPS: Patent policy and international business

Athreye, Suma; Piscitello, Lucia; Shadlen, Kenneth C.

doi:10.1057/s42214-020-00079-1

Cited by 28 publications

(12 citation statements)

References 72 publications

(70 reference statements)

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“…Departing from the history of the presence of Intellectual Property Rights, the World Intellectual Property Organization (WIPO) defines intellectual property as "Creations of the mind: inventions; literary and artistic works; and symbols, names and images used in commerce". Of course, intellectual property is closely related to the world of trade because its emergence was triggered by the desire of WIPO member countries to protect their economies in the era of free trade (Athreye et al, 2020). Based on this understanding of intellectual property, The term Intellectual Property Rights is defined as the rights given to everyone to the creation of ideas in the form of new discoveries, literary works and works of art, symbols, names and images used in trade (Amrikasari, 2017a).…”

Section: Resultsmentioning

confidence: 99%

“…The TRIPS Agreement is a result that has been achieved and has also adopted two major international conventions in the field of industrial property and copyright, namely the Paris Convention for the Protection of Industrial Property and the Berne Convention for the Protection of Literary and Artistic Works (Athreye et al, 2020). The consequence of the victories of developed countries in intellectual property rights has brought the concept of property and ownership of the western countries into law in developing countries including Indonesia, Singapore and Hong Kong.…”

Section: Resultsmentioning

confidence: 99%

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Comparing patent protection in Indonesia with that in Singapore and Hong Kong

Sudirman

Disemadi

2021

LJIH

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The discovery of technology has a huge impact on the economy of a country, so many countries focus on developing technology and apply this technology in their respective countries. Technological inventions must register patent rights to obtain legal protection to avoid losses that will harm inventors, stimulate creativity in creating new technologies and create fair business competition among companies engaged in technology. This normative research aims to compare patent protection in Indonesia, Singapore, and Hong Kong. The benefit of this research is that it can contribute to scientific literature in the field of patent rights, can provide an overview of the form of patent rights arrangements in several countries outside Indonesia, so as to avoid disputes and/or misunderstandings with other countries. The participation of Indonesia, Singapore, and Hong Kong in ratifying the Convention on the World Trade Organization and the agreement on the Trade Aspects of Intellectual Property Rights (TRIPs) obliges these countries to establish regulations on patents in their respective countries. Although the application of patent law in Indonesia, Singapore, and Hong Kong is based on the terms of the TRIPs agreement, the implementation and regulations must have differences. Patent registration in Indonesia, Singapore, and Hong Kong have the same procedure, namely fulfilling the formal requirements, substantive examination, then the announcement stage. The term of patent protection in Indonesia and Singapore is similar, which is 20 years from the date of filing. However, it is different from Hong Kong, namely from the date of filing. In patent disputes, there are two ways of settlement, namely litigation and non-litigation. Patents in Indonesia, Singapore, and Hong Kong have another similarity, namely that they are transferable and can be licensed. The focus of this research is only to compare the application of patent law and not to examine its strengths and weaknesses, so it is considered important to do further research on this matter.

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Section: Resultsmentioning

confidence: 99%

Section: Resultsmentioning

confidence: 99%

Comparing patent protection in Indonesia with that in Singapore and Hong Kong

Sudirman

Disemadi

2021

LJIH

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“…The USTR Section 301 Report annually examines the United States trade partners' intellectual property regime and classifies problematic countries into three watch lists. 103 Countries that are classified as "Priority Foreign Country" will trigger sanction proceedings initiated by the USTR, 104 These sanctions happen even when such proceedings are legally questionable under Article 23.2 of Annex 2. 105 However, this method is only effective for countries with less economic strength and could only offer cold comfort because there is no guarantee of reparations.…”

Section: Possible International and Local Remedies Against Compulsory Licensingmentioning

confidence: 99%

Good Faith in Trips Compulsory Licensing of Pharmaceutical Patents: Lessons From Previous Pandemic Cases

Arifin

2021

LaJIL

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The COVID-19 pandemic impacts the world of patents as countries prepare their legal framework to ease the process of compulsory licensing. Some like India and South Africa even went further by proposing a suspension for patents needed to combat COVID-19 which is still under discussion. It is a real possibility that a patented drug that is effective against COVID-19 would potentially see compulsory licensing in many countries its patent holder is doing business. This article discusses why compulsory licensing is an essential issue by examining its legitimacy, previous cases of compulsory licensing, and the conduct of states in cases of compulsory licensing issuance, particularly in examples of Thailand, Brazil, and India. The article will examine ways of remedy against compulsory licensing, including a theoretical possibility for constitutional review of treaties. The remedies discussed shall include international and domestic remedies, both litigation and alternative measures. The research shall use qualitative research methods with the use of primary and secondary legal sources. The result of this article found that a combination of soft law power of the Doha Declaration and the invocation of subsequent compulsory licensing cases be the support pillars of compulsory licensing practice. However, the practice of compulsory licensing both by the patent holder and the state actors is still not performed entirely in good faith according to the Vienna Convention of the Law of Treaties (VCLT) 1969 and the TRIPS Agreement. Hence, such patent holders need to be familiar with both international and domestic remedies, especially the possibility for constitutional review of treaties remedies.

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“…A strategy of limiting itself to individual nation states does not serve the cause. An important example of a comprehensive multilateral agreement reached through international consensus is the WHO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which established minimum requirements for patent protection (Athreye, Piscitello & Shadlen, 2020). TRIPS shows that through consensus-building, and where there is will to do so, the international community can agree on issues affecting humanity at the global level.…”

Section: Orphan Medicines -American and The Eu Legislation -State Of The Artmentioning

confidence: 99%

International Cooperation as a Prerequisite for Improvement of Access to Orphan Biologic Medicines

Więckowski

2021

mls

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Rare diseases constitute a global problem. Worldwide, 350 million people suffer from such diseases. The number of diagnosed cases are on the rise. Only a small percentage of those suffering have the opportunity to be treated with modern therapies. Medicines used to treat rare diseases are called orphan drugs. Biologic medicines developed for orphan drug indications, besides patent protection, have a period of regulatory and market exclusivity. After this period of time has elapsed, access to orphan drugs could be improved by the introduction of biosimilar medicines. The biggest challenge is to develop effective legal, tax and economic incentives to stimulate the development of biosimilar medicines for orphan indications. The regulatory agencies - EMA in the EU and the FDA in the USA - play a key role in increasing access to orphan biologics. Undoubtedly, the international cooperation, especially the mutual recognition of registration procedures between countries, and the creation of a common vocabulary and the unification of incentives for the pharmaceutical industry would have the positive impact on access to modern therapies.

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Twenty-five years since TRIPS: Patent policy and international business

Cited by 28 publications

References 72 publications

Comparing patent protection in Indonesia with that in Singapore and Hong Kong

Comparing patent protection in Indonesia with that in Singapore and Hong Kong

Good Faith in Trips Compulsory Licensing of Pharmaceutical Patents: Lessons From Previous Pandemic Cases

International Cooperation as a Prerequisite for Improvement of Access to Orphan Biologic Medicines

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