in this article, we tried to identify mechanisms of technology transfer and their legal basis in buy-back contracts. then, analyze the effect of wto regulations on those contracts. in addition, answer these questions: what are legal mechanisms of technology transfer in buy-back contracts? what are the effects of acceptance of wto rules on technology transfer policies in buy-back contracts and t...

A recent conference at the University of Hong Kong just prior to the December 2005 World Trade Organization (WTO) talks renewed attention on the WTO's Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), in particular in relation to China. Here we provide an introduction to TRIPS, discuss compulsory licensing, and take two angles to view how TRIPS affects the supply and d...

The 1994 World Trade Organization (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) established minimum universal standards in all areas of intellectual property. It is intended to implement these standards globally through a WTO enforcement mechanism. The present article proposes a strategy for alleviating the potentially negative impact of TRIPS in Thailand in r...

1 1. Introduction As a consequence of the TRIPS Agreement at the WTO, many developing countries have implemented or strengthened product patents in pharmaceuticals in recent years, though the Doha Declaration of 2001 clarified that the least developed WTO members may delay such implementation or enforcement of drug patents until 2016. TRIPS requires the provision of patents across virtually all...

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 ...

Africa has the highest disease burden in the world and continues to depend on pharmaceutical imports to meet public health needs. As Asian manufacturers of generic medicines begin to operate under a more protectionist intellectual property regime, their ability to manufacture medicines at prices that are affordable to poorer countries is becoming more circumscribed. The Doha Declaration on the ...

Millions of people, particularly in low- and middle-income countries, lack access to effective pharmaceuticals, often because they are unaffordable. The 2001 Ministerial Conference of the World Trade Organization (WTO) adopted the Doha Declaration on the TRIPS (Trade-Related Aspects of Intellectual Property Rights) Agreement and Public Health. The declaration recognized the implications of inte...

This paper examines two recent examples of compulsory licensing legislation: one globally embraced regime and one internationally controversial regime operating under the same WTO rules. In particular, we consider Canadian legislation and the use of compulsory licensing for HIV/AIDS drugs destined for a developing country. This is then contrasted with the conditions under which Thai authorities...

OBJECTIVE The World Trade Organization's Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement establishes minimum standards for intellectual property rights, including patent protection for pharmaceuticals; therefore, it may make it difficult for developing countries to gain access to medicines, especially those countries that are the least developed. This study aims to deter...

Developing countries fear that a proposed treaty to harmonize patent laws globally could have a devastating impact on their access to essential medicines, diagnostics and vaccines. A passionate and fractious debate around the proposed treaty underscores the vital role of trade and intellectual property for public health. Indian HIV/AIDS activists and an international lawyers' group lodged an ob...