Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Save to My Library
Look up keyword or section
Like this
3Activity
0 of .
Results for:
No results containing your search query
P. 1
WIPO Journal - 2011 Volume 3 Issue 1

WIPO Journal - 2011 Volume 3 Issue 1

Ratings: (0)|Views: 81 |Likes:
* ACTA and Its Complex Politics
* Everything Old is New Again: The Development Agenda Then and Now
* From Punta Del Este to Doha and Beyond: Lessons from the TRIPs Negotiating Processes
* Change and Continuity in the International Intellectual Property System: A Turbulent Decade in Perspective
* From World Intellectual Property Organization (WIPO) to World Innovation
* Promotion Organization (WIPO)? Whither WIPO?
* Intellectual Property Policy Making in the 21st Century
* The Politics of IP Maximalism
* Having Faith in IP: Empirical Evidence of IP Conversions
* The Rise and Fall of “Prior Consent” in Brazil
* When Framing Meets Law: Using Human Rights as a Practical Instrument to Facilitate Access to Medicines in Developing Countries
* The Politicisation of Intellectual Property: IP Conflicts and Social Change
* ACTA and Its Complex Politics
* Everything Old is New Again: The Development Agenda Then and Now
* From Punta Del Este to Doha and Beyond: Lessons from the TRIPs Negotiating Processes
* Change and Continuity in the International Intellectual Property System: A Turbulent Decade in Perspective
* From World Intellectual Property Organization (WIPO) to World Innovation
* Promotion Organization (WIPO)? Whither WIPO?
* Intellectual Property Policy Making in the 21st Century
* The Politics of IP Maximalism
* Having Faith in IP: Empirical Evidence of IP Conversions
* The Rise and Fall of “Prior Consent” in Brazil
* When Framing Meets Law: Using Human Rights as a Practical Instrument to Facilitate Access to Medicines in Developing Countries
* The Politicisation of Intellectual Property: IP Conflicts and Social Change

More info:

Categories:Types, Brochures
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

06/27/2014

pdf

text

original

 
The WIPO Journal
Volume 3 Issue 2 2012
Table of ContentsArticles
Global Governance in Intellectual Property Protection: Does the Decision-making ForumMatter?
Thomas Cottier and Marina Foltea
139Weakening Multilateralism in Intellectual Property Lawmaking: A European Perspective onACTA
Christophe Geiger 
166ClimateChangeandtheDebatearoundGreenTechnologyTransferandPatentRules:History,Prospect and Unresolved Issues
 Jérôme de Meeûs and Alain Strowel 
179Patents for Humanity
 Matthew Rimmer 
198Reform Proposals on the Geographical Indications of the European Union for the Protectionof Traditional Knowledge
 Marianna Bicskei, Kilian Bizer, Katia Laura Sidali and Achim Spiller 
224International Intellectual Property Law and Policy: Can the Caribbean Region Capitalize onCurrentGlobalDevelopmentalTrendsinIntellectualPropertyRightsandInnovationPolicies?
 Abiola Inniss
239Trends of Patent and Utility Model Activities in Asia and Africa: a Comparison of RegionalInnovation, FDI and Economic Activity
 Bruce M.K. Mwiya
257
 
ISSN: 2041-2029This journal may be cited as (2012) 3 W.I.P.O.J. 00The WIPO Journal is published by Sweet & Maxwell, 100 Avenue Road, London NW3 3PF part of Thomson Reuters(Professional) UK Limited (Registered in England & Wales, Company No 1679046. Registered Office and addressfor service: Aldgate, 33 Aldgate High Street, London, EC3N 1DL).For further information on our products and services, visit www.sweetandmaxwell.co.uk Computerset by Sweet & Maxwell. Printed and bound in Great Britain by Hobbs the Printers Ltd, Totton, Hampshire. No natural forests were destroyed to make this product; only farmed timber was used and re-planted.Each article and case commentary in this volume has been allocated keywords from the Legal Taxonomy utilised bySweet & Maxwell to provide a standardised way of describing legal concepts. These keywords are identical to thoseused in Westlaw UK and have been used for many years in other publications such as Legal Journals Index. Thekeywords provide a meansof identifyingsimilarconceptsin other Sweet& Maxwellpublicationsand online servicestowhichkeywordsfromtheLegalTaxonomyhavebeenapplied.Keywordsfollowthetaxonomylogoatthebeginningof each item. The index has also been prepared using Sweet & Maxwell’s Legal Taxonomy. Main index entriesconformtokeywordsprovidedbytheLegalTaxonomyexceptwherereferencestospecificdocumentsornon-standardterms (denoted by quotation marks) have been included. Readers may find some minor differences between termsused in the text and those which appear in the index. Please send any suggestions tosweetandmaxwell.taxonomy@thomson.com.Copies of articles from W.I.P.O.J. and other articles, cases and related materials can be obtained from DocDel atSweet & Maxwell’s Yorkshire office.Current rates are: £7.50 + copyright charge + VAT per item for orders by post and DX.Fax delivery is guaranteed within 15 minutes of request and is charged at an additional £1.25 per page (£2.35 per  page outside the UK).For full details and to order contact DocDel on:• Tel 01422 888 019• Fax 01422 888 001• Email sweetandmaxwell.docdel@thomson.com• Go to http://www.sweetandmaxwell.co.uk/our-businessesPlease note that all other enquiries should be directed to Sweet & Maxwell, 100 Avenue Road, London, NW3 3PF;Tel 020 7449 1111; Fax 020 7449 1144.Crown copyright material is reproduced with the permission of the Controller of HMSO and the Queen’s Printer for Scotland.The armorial bearings, flag, other emblems, abbreviation and name of the World Intellectual Property Organization,WIPO, are protected under article 6ter of the Paris Convention for the Protection of Industrial Property and may not be used, copied or reproduced without the written authorization of WIPO.All rights reserved. No part of this publication may be reproduced or transmitted in any form or by any means, or stored in any retrieval system of any nature without prior written permission, except for permitted fair dealing under the Copyright, Designs and Patents Act 1988, or in accordance with the terms of a licence issued by the CopyrightLicensing Agency in respect of photocopying and/or reprographic reproduction. Application for permission for other use of copyright material including permission to reproduce extracts in other published works shall be made to the publishers. Full acknowledgement of author, publisher and source must be given.Thomson Reuters and the Thomson Reuters Logo are trademarks of Thomson Reuters. Sweet & Maxwell ® is aregistered trademark of Thomson Reuters (Professional) UK Limited.© 2012 The World Intellectual Property Organization and contributors. Published in association with Sweet &Maxwell.
 
Global Governance in Intellectual PropertyProtection: Does the Decision-making ForumMatter?
Thomas Cottier
 Managing Director, World Trade Institute and Professor of European and International  Economic Law, University of Bern
Marina Foltea
 Research Fellow, World Trade Institute, University of Bern
Intellectual property; International law; Norms; TRIPs
ThequestionwhethertheTRIPSwouldbringeconomicbenefitnotonlytothedevelopedbutalsodevelopincountrieshasbeendebatedeversincethenascenceofthislegalinstrument.Thishasbeenwidelyassessed through the so-called balance of rights and obligations established in the TRIPS Agreement. With theadvent of parallel bilateral and plurilateral IP rule-making fora, this question has acquired even morenuances requiring examination of specific legal language at all these different levels. Against thisbackground and by examining the balance language of the relevant treaties, this paper examines how thenegotiation fora producing IP rules impact on the achievement of a balance between the rights and obligations of the stakeholders involved. Global, plurilateral and bilateral IP norm-making avenues areassessed with a view to understanding whether there is any discrepancy in their capacity to reflect abalance of rights and obligations. We are mainly interested in comparing multilateral fora, bilateral and  plurilateral fora and how they differ in terms of outcomes. We find that this balance is better secured under the WTO TRIPS Agreement and other multilateralfora in particular WIPO. This is why we propose greaterjudicialopennesstowardsthedevelopmentsinthisorganisationattheWTO—amechanismwhich should partially compensate for the Doha negotiations stalemate.
I. Introduction
The adoption of the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPSAgreement) and the presumed hard-line enforcement of the minimum intellectual property (IP) standardsenshrined therein have attracted much attention. Ever since the advent of the agreement, it has raisedmultiplequestionswithregardtoitseconomicbenefit,mostlywhetherthebenefitsaccruingtodeveloped,developing and least-developed countries are comparable and sufficiently balanced. In the aftermath of thecompletionof theUruguay Round negotiations,a considerableamountof scholarlywork has emergedon this topic. Interest has been further enhanced by the spread of bilateral free trade agreements and plurilateral agreements which incorporate more expansive and stronger IP obligations than those adheredto under the TRIPS Agreement. While TRIPS has received a significant amount of criticismfor favouring privatizationofknowledge,entrenchingeconomicprivilegescentredinthedevelopedworldandneglectingthe “social function of IP laws”,
1
the question that arises is how one should characterize the bilateral and
1
Sub-CommissiononHumanRightsResolution2000/7,
 IntellectualPropertyRightsandHumanRights
,August17,2000,E/CN.4/Sub.2/RES/2000/7.139(2012) 3 W.I.P.O.J., Issue 2 © 2012 Thomson Reuters (Professional) UK Limited

You're Reading a Free Preview

Download