E-DRUG: TRIPS Agreement and Policy Options
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[we do not normally advertize books on E-drug, but as this topic
should be of great interest to developing countries, we make an
exception. WB]
NOTICE OF PUBLICATION
INTELLECTUAL PROPERTY RIGHTS, THE WTO AND DEVELOPING COUNTRIES
The TRIPS Agreement and Policy Options
Carlos M Correa, University of Buenos Aires
The whole architecture of international trade is being fundamentally
recast by the various agreements which the new agency, the World
Trade Organisation, is responsible for policing. This book cuts
through the daunting technicalities of one of the most important of
these agreements, that dealing with Intellectual Property Rights (hitherto
the preserve of national IPRs legislation) and their treatment as
internationally tradeable commodities. Professor Correa makes
comprehensible what the Agreement on Trade-Related Aspects of
Intellectual Property Rights (TRIPS) is about and explains its main
provisions.
He is particularly concerned to explore the Agreement's massive
implications for developing countries. These relate to the future of
local R & D, their access to advanced technology, commercial
exploitation of their natural resources and the welfare effects.
Pressure is mounting on Third World governments to implement the
Agreement through national legislation, and this book uses the Latin
American and Caribbean experience to show the many implementation
problems that have arisen.
Dr Correa focuses also on information technologies, notably computer
software, multimedia products, integrated circuits and digital
information. Another increasingly important area, the conservation and
sustainable utilization of plant genetic resources for food and
agriculture, is examined in relation to how access to such resources
for research and breeding may be affected by the granting of IPRs
protection.
Throughout his pathbreaking book, Professor Correa is concerned not
only to spell out the implications for developing countries but also
to indicate concrete options available at the national level to
implement the provisions of the TRIPS Agreement in a manner consistent
with development objectives and public policy concerns.
This book is an essential introduction to TRIPS and provides elements
to develop policies and laws on intellectual property from a
developing country perspective.
Table of Contents
1. General Context
What is TRIPs? - The Context - The North-South Asymmetries - The
Limits of the TRIPs Agreement - The TRIPs Agreement as a Ceiling -
Transitional Arrangements - Unilateral or Multilateral? - Main
Substantive Provisions - Transfer of Technology - Implications for
Developing Countries - Conclusion.
2. Implications for Developing Countries
Introduction - Welfare Effects - Intellectual Property Rights and
Foreign Direct Investments - Transfer of Technology - Impact on
Domestic Markets - Innovation - Conclusions.
3. Implementing the TRIPS Agreement in the Patents Field: Options for
Developing Countries
The Scope of Patentability - The Definition of Invention -
Requirements for Protection - Exceptions to Patentability - Scope of
Claims - Disclosure - Claims Interpretation - Exceptions to Exclusive
Rights - Transitional Periods and Provisions - Conclusions
4. Changing National Laws: The Case of Latin America and the Caribbean
Introduction - Incorporation into National Law - Interpretation -
Implementation Problems - Conclusions
5. Intellectual Property Rights and Information Technologies
Introduction - New Developments - Information technology: computer
programmes, multimedia products, integrated circuits and Digital
Information Implications for Developing Countries - Conclusions
6. Access to Plant Genetic Resources and Intellectual Property Rights
Introduction - From 'Free' to 'Shared' Access - Access to Plant
Genetic Rights under patent laws - Access under Plant Breeders'
Rights - Access under the regime of undisclosed information -
Conclusions.
7. The Upcoming Review of the TRIPS Agreement
8. Options for Implementing the TRIPS Agreement in Developing
Countries: Report of a Group of Experts
Introduction - Patent Provisions - Undisclosed Information - Computer
Programs - Restrictive Practices in Contractual Licences - Index
Published: January 2000
International Law/International Relations/Patent Law/Development
Studies
Hb 1 85649 736 4 � 45.00 $ 69.95
Pb 1 85649 737 2 � 16.95 $ 29.95
288 pp
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York, NY 10010
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