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The TRIPS Agreement: Developing Global Rules for Intellectual Property Protection

According to the comprehensive model of compliance outlined in Chap. 2, there are various categories of factors which may influence the likelihood or otherwise of compliance with a specific international accord. These categories include both country-specific factors such as the history, size and culture of the country as well as non-country-specific factors relating to the agreement and the activity concerned. In this chapter, these factors external to the Chinese context influencing compliance with the World Trade Organisation (WTO) Agreement on Trade-Related Intellectual Property Rights (TRIPS) will be considered. First, the background to the TRIPS Agreement will be outlined, in order to detail the drafting history and consequent context of compliance with this specific accord. Then, the specific characteristics of the TRIPS Agreement will be examined, to analyse their possible effect on compliance. This chapter will also include discussion of the characteristics of the activity which the TRIPS Agreement was designed to solve: intellectual property infringements. Finally, the international environment surrounding the protection of intellectual property rights will be explored.

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Intellectual property protection in South Africa—the background
South Africa has had patent legislation since at least 1916, with the statute currently in force promulgated in 1978 (Republic of South Africa, 1978; Union of South Africa, 1916). The country undertook to become TRIPS- compliant in 1997 (Republic of South Africa, 1997a) with the passage of the Intellectual...
(The New Political Economy of Pharmaceuticals: Production, Innovation and TRIPS in the Global South)
Intellectual property protection in South Korea
The first South Korean patent act was enacted in 1946 after liberation from the Japanese occupation. It is viewed as merely a way of abolishing the Japanese Patent Act, and was heavily influenced by the US Patent Act at that time. In contrast, the Patent Act 1961 may be regarded as the country's first...
(The New Political Economy of Pharmaceuticals: Production, Innovation and TRIPS in the Global South)
Beyond intellectual property protection Food as traditional knowledge
Giovanna Carugno Introduction Food is one of the most peculiar and distinguishing traits of a society, and so, it is closely and undeniably related to the identity of local communities, living from time immemorial in a certain territory and developing their culinary and nourishing traditions over the...
(Law and Food: Regulatory Recipes of Culinary Issues)
Ineffective legal intellectual property protection
It is indicated (Lernley & Shapiro, 2005, p. 77) that effectiveness of today’s legal system of intellectual property protection means that legal monopolies do not provide for exclusion of others but rather for an exclusion attempt. This perspective is confirmed by research projects, including those...
(The Economics of Intellectual Property and Openness:The Tragedy of Intangible Abundance)
Intellectual property protection and preemption
Traditional bodies of intellectual property law do not protect undeveloped ideas. This is true under U.S. intellectual property law as well as the laws of other countries that are members of the World Trade Organization (WTO) and therefore subject to the Trade-Related Aspects of Intellectual Property...
(Intellectual Property and the Law of Ideas)
Intellectual property rights, TRIPS and free trade agreements
Malaysia first introduced a patent registration system through the Patents Act 1983, since amended several times. This Act provides for the granting of patents for all products, including pharmaceuticals. A patent office was established prior to 1983. It was initially placed under the Ministry of Trade...
(The New Political Economy of Pharmaceuticals: Production, Innovation and TRIPS in the Global South)
WTO agreements and global health governance: a case study of the conflict between TRIPS and accessibility to medicines
Although WTO is mainly viewed as an organisation committed to facilitating free trade, the complex interactions of many principles in WTO’s various agreements suggest that WTO itself is also a regime for development. Since health protection is a development issue, WTO thus becomes an important player...
(International Regimes in Global Health Governance)
C Impact of Transition of Global Rules on China's Development
China: Still in Phase of Strategic Opportunities without Existence of Opportunities The United States of America and Japan, members of TPP, the GDP and trade volume of the total 12 ones of TPP accounted for over 40% of the Changes of Prospect in Economic Globalization 77 global; the United...
(China’s Economic Reform and Development during the 13th Five-Year Plan Period)
The Development of Intellectual Property in the International Trading System
Although the GATT, the forerunner to the WTO, was not established until 1948, consideration of the benefits of multilateral trade agreements had begun as early as the 1930s. Due to the Great Depression, import tariffs and other discriminatory barriers were raised. However, as: many large economies became...
(Assessing Intellectual Property Compliance in Contemporary China: The World Trade Organisation TRIPS Agreement)