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Intellectual Property, Public Policy, and International Trade


Inge Govaere and Hanns Ullrich

The rising importance and continuous expansion of intellectual property protection quite naturally goes together with increasing concern about the legal and political foundations of such enhanced protection. Nowhere does the basic equation which underlies intellectual property, namely that the pursuit of short term private interest by the holders of such property will satisfy the public interest in the long term, become both more visible, but also questionable than at the crossroads between the grant and enforcement of exclusive rights with international trade. Catchphrases, such as patent protection and access to essential medicines, or access to genetic resources, benefit sharing and economic development, stand for fundamental tensions and conflicts between private property and the public interest.
This book presents the contributions that have been made on these and related topics by a group of internationally renowned experts at a workshop held at the College of Europe, Bruges.
Contents: Jerome H. Reichman: Nurturing a Transnational System of Innovation – Thomas Dreier: Shaping a Fair International IPR-Regime in a Globalized World. Some Parameters for Public Policy – Gustavo Ghidini/Emanuela Arezzo: From Huts to Labs and Back again. Stimulating the Production of Biodiversity-Based Drugs while Ensuring an Equitable Sharing of the Benefits Flowing Thereby – Geertrui Van Overwalle: Regulating Protection, Preservation and Technology Transfer of Biodiversity-Based Drugs. Patents, Contracts and Local Working Requirements under the Microscope – Klaus Stegemann: International Price Discrimination and Market Segmentation for Patented Pharmaceuticals in the EU - A Social Welfare Analysis – Carsten Fink: International Price Discrimination and Market Segmentation for Patented Pharmaceuticals in the EU. A Social Welfare Analysis - A Comment – Thomas Cottier: The Doha Waiver and Its Effects on the Nature of the TRIPS System and on Competition Law. The Impact of Human Rights – Christine Godt: The So-called «Waiver Compromise» of Doha and Hong Kong. About Contested Concepts of the Nature of the International Intellectual Property System - A Comment.