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Intellectual Property RightsLegal and Economic Challenges for Development$
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Mario Cimoli, Giovanni Dosi, Keith E. Maskus, Ruth L. Okediji, and Jerome H. Reichman

Print publication date: 2014

Print ISBN-13: 9780199660759

Published to Oxford Scholarship Online: August 2014

DOI: 10.1093/acprof:oso/9780199660759.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 07 December 2019

Preferential Trade Agreements and Intellectual Property Rights

Preferential Trade Agreements and Intellectual Property Rights

(p.439) 15 Preferential Trade Agreements and Intellectual Property Rights
Intellectual Property Rights

Pedro Roffe

Christoph Spennemann

Oxford University Press

This chapter seeks to show the extent of the changes introduced by the intellectual property (IP) chapters of preferential trade agreements (PTAs) to the IP framework existing under the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). In particular, the chapter highlights how PTAs have shifted the balance between IP holders and users. The authors illustrate this development through the examples of PTAs concluded by developing countries with the United States, the European Community (EC) and the European Free Trade Association (EFTA). Concerns have been expressed about the effect generated through PTAs on developing countries in terms of reduced flexibility in the implementation of TRIPS rules, possible repercussions on developing countries ‘positions in international negotiations, and additional costs caused by far reaching PTA obligations on IP enforcement. The chapter provides an analysis of these concerns in respect of public health, biodiversity, technological protection measures, and IP enforcement.

Keywords:   preferential trade agreements, intellectual property rights, intellectual property policy, bilateral and regional trade negotiations, public health, biodiversity, technological protection measures, enforcement

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