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Intellectual property provisions of bilateral and regional trade agreements in light of US federal law
The critical lesson for developing countries accepting IPRs commitments in FTAs with the United States is that US IPRs law is replete with exceptions to the general rules, in many cases elaborated in considerable detail. If developing countries accept obligations in the FTAs, they must also be prepared to implement a significant level of exceptions so as to create a reasonable balance within their own law. If they do not implement these exceptions, they will find themselves not only with TRIPS-plus levels of IPRs protection, but also with US-plus levels of IPRs protection.
Tripping up TRIPs debates
Access to medicine is at the forefront of multilateral debates surrounding the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs). This paper argues that bilateralism allows the United States to circumvent these debates and to set standards that serve and protect the pharmaceutical industry.
EDITORIAL: Health at stake in free-trade talks
For the United States, intellectual property rights represent the single most valuable asset in light of the new reality of information-based economies and where they derive their national wealth. The supremacy of the US as a global power depends on how effective it is in acquiring and maintaining its ownership of knowledge assets.
Myths and realities: The impact of the US-Thai FTA on access to medicines
Reeling from the negative publicity and pro-access to medicines messaging in Thailand and internationally, the Office of the US Trade Representative (USTR) has mounted a public relations campaign full of distortions and omissions.
IP standards in US-Peru FTA to affect talks with Colombia and Ecuador?
Critics argue that the biodiversity provisions in the US-Peru FTA do not improve the status quo to effectively tackle concerns over misappropriation of biodiversity and TK.
Sacrificing lives for patents under FTA
On the last day of the sixth round of Thai-US Free Trade Area talks, several academics and non-governmental bodies were invited to discuss their concerns with US negotiators on aspects of intellectual property rights, with an emphasis on pharmaceutical and life form patents. For a number of reasons, only one academic showed up.
CRS Report for Congress: Intellectual property and FTAs
Some observers believe that certain FTA provisions may lock the United States into current intellectual property policies, inhibiting opportunities for future reform. Others are concerned that under existing multilateral agreements, the intellectual property obligations found within one FTA may extend beyond that particular treaty partner. Some perceive FTAs to be an inappropriate and unfair vehicle for international intellectual property reforms due to the strong bargaining position of the United States.