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Patent and Trade Disparities in Developing Countries$
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Srividhya Ragavan

Print publication date: 2012

Print ISBN-13: 9780199840670

Published to Oxford Scholarship Online: September 2012

DOI: 10.1093/acprof:oso/9780199840670.001.0001

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Is a Substantive Regime Adequate to Generate full Compliance? The Biotechnology Debate

Is a Substantive Regime Adequate to Generate full Compliance? The Biotechnology Debate

Chapter:
(p.200) 7 Is a Substantive Regime Adequate to Generate full Compliance? The Biotechnology Debate
Source:
Patent and Trade Disparities in Developing Countries
Author(s):

Srividhya Ragavan

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199840670.003.0007

This chapter explores how the relationship of the biotechnology industry with the patent system was facilitated, which subsequently led to the growth of the industry. It shows how the courts, the patent office, and administrators have set standards and/or led amendments for the patent regime to accomplish national objectives. It also considers some examples from both the developed and developing world, as well as the role of procedural, administrative, and judicial mechanisms in creating the needed balance between TRIPS's minimum standards and national issues in developing nations.

Keywords:   biotechnology industry, patent system, amendments, national objectives, mechanisms, balance, minimum standards, national issues

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