TRIPS reflects the dominant view that enforcing strong intellectual property rights is necessary to solve problems of trade and development. The global ensemble of authors in this collection ask, how can TRIPS mature further into an institution that supports a view of economic development which incorporates the human rights ethic already at work in the multilateralist geopolitics driving international relations? In particular, how can these human rights, seen as encompassing a whole `new' set of collective interests such as public health, environment, and nutrition, provide a pragmatic ethic for shaping development policy? Some chapters address these questions by describing recent successes, while others propose projects in which these human rights can provide ethical ground for influencing the forces at play in development policies.
This stimulating book will strongly appeal to policy makers, academics, and students seeking to understand how the `new' human rights can inform efforts to reconfigure intellectual property rights as an engine for fair and just economic development.
Edited by Gustavo Ghidini, Professor, University of Milan and University LUISS Guido Carli, Rome, Italy, the late Rudolph J.R. Peritz, formerly Professor and Director, IProgress Project, New York Law School, US and Marco Ricolfi, Professor of Intellectual Property Law, University of Turin and Tosetto Weigmann and Associati, Turin and Milan, Italy
Contents: Introduction Rudolph J.R. Peritz 1. When Framing Meets Law: Using Human Rights as a Practical Instrument to Facilitate Access to Medicines in Developing Countries Duncan Matthews 2. Issue and Strategies of China IP Law after the TRIPS Agreement Lifang Dong 3. Patent and Trademark Rights in Commercial Agreements Entered by the USA with Latin American Nations in the First Decade of the Twenty First Century: Divide et Vinces Horacio Rangel-Ortiz 4. Compulsory Licensing of Intellectual Property: A Viable Policy Lever for Promoting Access to Critical Technologies? Charles R. McManis and Jorge L. Contreras 5. On TRIPS' Impact on `Least Developed Countries': The Effects of a `Double Standards' Approach Gustavo Ghidini 6. Adjudicating TRIPS for Development Molly Land 7. The IPT Project - Proposals to Reform the TRIPS Agreement Annette Kur and Marianne Levin 8. Access to Genetic Resources and Benefit Sharing: The Nagoya Protocol in the Light of the TRIPS Agreement Linda Briceno Moraia 9. The Illusion of TRIPS Agreement to Promote Creativity and Innovation in Developing Countries: Case Study on Kenya James Odek 10. Public Sector Information, Intellectual Property Data and Developing Countries Marco Ricolfi Index