Is the Agreement Actually the Cunning Manoeuvre it has been Dubbed?
Part I Intellectual Property Rights and the TRIPS: Legal Groundwork
3 Chapter 1: Justifying pharmaceutical patents 1.1 Introduction For centuries, intellectual property (hereinafter referred to as IP) law was com- prised of highly incongruent legal regimes lumping together disparate forms of intellectual property rights (hereinafter referred to as IP rights) and was consi- dered an obscure and monotonous unit of commercial law.1 The historical foun- dations of the various IP rights and laws differed according to the domestic laws of each country. Thus, their administration, protection and enforcement also varied significantly.2 In recent decades, however, unprecedented and fast-paced technological advances have transformed IP law and the categories of rights it seeks to protect into hot-button issues. The issues are now widely recognised as an important component of international trade and economic development. As a result, IP law is now a part of a web of seamless inter-related proprietary rights that are no longer dealt with in isolation.3 Alongside these developments, the foundations of IP law have been built step by step through negotiations, founding treaties, accession agreements and conventions, beginning with the Paris Con- vention for the Protection of Industrial Property (hereinafter referred to as the Paris Convention),4 and ending with the World Trade Organisation’s (hereinafter referred to as the WTO) Trade Related Aspects of Intellectual Property Rights Agreement (hereinafter referred to as the TRIPS).5 The TRIPS has been hailed as one of the most significant milestones in the global development of IP rights protection. By pure coincidence, the coming into force of the TRIPS in 1994 coincided...
You are not authenticated to view the full text of this chapter or article.
This site requires a subscription or purchase to access the full text of books or journals.
Do you have any questions? Contact us.Or login to access all content.