TRIPS and Developing Countries

TRIPS and Developing Countries

Towards a New IP World Order?

Edited by Gustavo Ghidini, Rudolph J.R. Peritz and Marco Ricolfi

TRIPS reflects the dominant view that enforcing strong intellectual property rights is necessary to solve problems of trade and development. The global ensemble of authors in this collection ask, how can TRIPS mature further into an institution that supports a view of economic development which incorporates the human rights ethic already at work in the multilateralist geopolitics driving international relations? In particular, how can these human rights, seen as encompassing a whole ‘new’ set of collective interests such as public health, environment, and nutrition, provide a pragmatic ethic for shaping development policy? Some chapters address these questions by describing recent successes, while others propose projects in which these human rights can provide ethical ground for influencing the forces at play in development policies.

Chapter 3: Patent and trademark rights in commercial agreements entered by the United States with Latin American nations in the first decade of the twenty-first century: Divide et vinces

Horacio Rangel-Ortiz

Subjects: development studies, law and development, law - academic, intellectual property law, international economic law, trade law, law and development

Extract

It is established contemporary philosophy that the way patent and trademark rights are treated in a given jurisdiction has an impact on the way commercial activities are carried out in that jurisdiction. It has been submitted that failure to recognize and enforce patent and trademark rights pursuant to certain rules and criteria expected by patent and trademark owners, can operate as a trade barrier, and therefore the rules applicable to the way patent, trademark and related rights should be treated by reason of the existence of a commercial understanding are often discussed and agreed upon as part of the negotiations for the adoption of a trade agreement whether a trade promotion agreement, a free trade agreement or other forms of commercial understandings meant to reduce or completely remove barriers to trade, both tariff and non-tariff barriers. The first decade of the twenty-first century is a period during which several countries of the Americas started and completed negotiations between and among themselves towards the adoption of several forms of commercial understandings to eliminate or reduce trade barriers, including engagements on the way the parties agreed to treat patent, trademark and related rights. Some of the trade agreements completed in the Americas in the first decade of the twenty-first century, tend to attract the attention of participants and of the public in general in a more evident fashion than others.

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