Robyn Ott is the 2004-2005 Managing Editor for the Oklahoma Journal of Law and Technology. She wrote this eBrief while working under the direction of Professor Drew Kershen on the Project on Intellectual Property Rights in Living Matter. Below, Ms. Ott gives an overview of patentability requirements in India for plants, animals, and microorganisms. India is a signatory country to the Trade Rela...

On 15 November 2020, Asian states signed the Regional Comprehensive Economic Partnership (RCEP)1 that concluded years of negotiations despite uphill geo-political issues. The agreement is likely to create a populous trade area, boosting intra-regional investment and resulting in an important foreign direct destination.2 Generally speaking, RCEP builds on free agreements (FTAs) between members w...

the constant increase of counterfeiting and piracy and the negative impact on trade, public health and safety in both developing and developed economies make the combat against this phenomenon a formidable challenge for all wto members. the trips agreement contains a comprehensive chapter on enforcement in part iii and special requirements related to border measures detailed in section 4, thus ...

Since the TRIPS Agreement (Agreement on Trade-Related Aspects of Intellectual Property Rights) came into effect, Brazil, like other developing countries, has become more assertive in multilateral negotiations and begun to argue that the present international system of intellectual property should be better adapted to its needs and interests. In doing so, the country has emphasized that intellec...

This article uses the contemporary international politics of intellectual property rights (IPRs) as a lens to examine North-South conflicts over international economic governance and the possibilities of institutional reform. Although developing countries have limited control over the distributional and substantive dimensions of international institutions, they retain an important stake in a ru...

This article focuses on the Brazilian policy for distribution of medicines to persons living with HIV/AIDS. It attempts to present readers with the social scenario in which this policy has been developed and implemented, and describes the history of how the epidemic has been dealt with in Brazil. Some historical references are mentioned in order to provide a better understanding of the principl...

A new and comprehensive treaty on intellectual property rights was established in 1994, within the framework of the World Trade Organization (WTO). It is called the Agreement on Trade-Related Aspects of Intellectual Property Rights-the TRIPS agreement for short. It requires all WTO member countries to adopt in their laws minimum standards of protection for patents, trademarks, copyrights and ot...

At the end of 2002, the United States rejected a compromise proposal aimed at giving developing countries without local manufacturing capacities access to affordable life-saving drugs. At a December meeting at the World Trade Organization (WTO) in Geneva, negotiators of several of the 144 WTO members expressed their regret about the failure to reach an agreement by the intended deadline, which ...

Trade-Related Aspects of Intellectual Property Rights (TRIPs) Agreement was negotiated during Uruguay round and GATT replaced by WTO. All the signatory countries had to abide norms agreement. They were asked modify their national IP laws as per requirement. India too incorporated required changes finally, Indian patent act became TRIPs compliant in 2005. Although, it claimed that has designed i...

As agri-food markets become increasingly specialized, governments are provoked to provide these products legal support protect their supply and trade sources. After several treaties, the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement was signed in 1995 as broadest ever reached. The agreement allowed Geographical Indication (GI) be targeted. GIs Mercosur European Union v...