Point de vue
SUMMARY THE WORLD TRADE ORGANISATION, PATENTS, PHARMACEUTICALS, AND THE NORTH-SOUTH-RELATIONSHIP : A POINT OF VIEW FROM THE SOUTH The merits and drawbacks of patent protection for pharmaceuticals are a matter of a longstanding controversy, particularly so as regards international protection. T...
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| Hlavní autor: | |
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| Médium: | Article ou chapitre numérique |
| Jazyk: | Français |
| Vydáno: |
2004
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| On-line přístup: | Accès Université d'Orléans et IFPM Accès Université d'Orléans et IFPM |
| Shrnutí: | SUMMARY THE WORLD TRADE ORGANISATION,
PATENTS, PHARMACEUTICALS,
AND THE NORTH-SOUTH-RELATIONSHIP :
A POINT OF VIEW FROM THE SOUTH
The merits and drawbacks of patent protection for pharmaceuticals are a matter of
a longstanding controversy, particularly so as regards international protection.
Taking the uneven distribution of technological resources and economic potential as
a starting point the author seeks to make a case for an interpretation of international
rules of patent protection in favour of developing countries. To this effect he
describes, first, the development of these rules, in particular the establishment of the
WTO-Agreement on Trade Related Aspects of Intellectual Property as a result of a
well-defined strategic trade policy, and, second, the different criteria and the scope
of patent protection available under national laws, in particular of some developed
and some developing countries. He then goes on to broadly define the margin of
manœuvre left by international rules for nation-states, and he does so with a view to
invite developing countries to make maximum use of that residual autonomy. |
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