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Intellectual Property, Trade and Development$
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Daniel Gervais

Print publication date: 2014

Print ISBN-13: 9780199684700

Published to Oxford Scholarship Online: November 2014

DOI: 10.1093/acprof:oso/9780199684700.001.0001

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TRIPS and TRIPS-Plus Protection and Impacts in Latin America

TRIPS and TRIPS-Plus Protection and Impacts in Latin America

(p.141) 6 TRIPS and TRIPS-Plus Protection and Impacts in Latin America
Intellectual Property, Trade and Development

Carlos M Correa

Oxford University Press

The adoption of a set of minimum binding standards for the protection of intellectual property rights (IPRs) in the context of the World Trade Organization (WTO) led to massive changes in the national regimes of Latin American countries in the last twenty years. Major differences with the protection granted in developed countries (e.g. non-patentability of pharmaceutical products) were erased, thereby limiting the policy space available to Latin American countries to implement IPRs standards better suited to their levels of technological and economic development. While some of these countries have used, to a certain extent, the flexibilities allowed under the WTO rules, others entered into free trade agreements that further eroded such space. There is little evidence so far on the impact of these changes, but several studies point to considerable costs derived from the implementation of higher standards of protection, notably increased prices and more limited access to medicines.

Keywords:   TRIPS Agreement, patentability standards, copyright, trademarks, geographical indications, TRIPS-plus, Latin America, access to medicines

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