Verified Document

Regs Of Trips, Domestic Implementation Term Paper

This is also including disclosure of third-party infringers. 48: Indemnification of the defendant in relation to the Courts holding of the power to order that damages be paid by the plaintiff to the defendant if enforcement complaint procedures are abused under Article 98 Civil Procedure Law which required compensation be paid if interim preservation is obtained and the Plaintiff loses the suit

China is complaint under Part III Section 3: Provisional Measures, Part III Section 3: Special Requirements Related to Border Measures, Part III Section 5: Criminal Procedures, and Part IV: Acquisition and Maintenance of Intellectual Property Rights and Related Interparties Procedures. China is "essentially complaint and "not complaint" in Part V. Dispute Prevention and Settlement 63 and 64 respectively. But will be required to comply with 64 Dispute Settlement under GATT rules upon joining the WTO.

In November of 1999 the U.S. And China negotiated WTO issue that was non-inclusive of issues relating to IP issues. China must:

Remove import and export barriers to licenses

Free up distribution networks; and if Taiwan also joins

China must as well

Institute direct trade with the Island.

On paper China complies with the majority of the TRIPS requirements, however, non-compliance exists in:

The Protection layout design of integrated circuits; and protection of geographical indications.

Some of China's rules of civil litigations procedure are not compliant at least not explicitly according to Clark (2000)

IV. TRIPS and Public Health

U.S. pharmaceutical and biotechnology companies invested the approximate amount of $33.2 billion toward activities of research and development which is about 18% of the sales total of all their combined products. The discovery costs in pre-tax amounts of a new drug experienced an increase from $500 million to $880 million between 1990 and 2003 and as well the time of waiting for approval and the like has grown in length due to regulatory requirements and other associated technicalities. In order to limit the risk in the activities related to therapeutic areas the U.S. companies must find business partners and associates in China and other countries who are trustworthy. (Greguraus & Banait, 2005)

Patents are generally not issues early in the approval process and it is at this time that there is a danger of these new drugs hitting the counterfeit market and many times the drugs have not been approved save for use. The generic drug market, in terms of counterfeit drugs is a growing one in India and China. It is vital that U.S. companies obtain patents in these countries as well as in the U.S. (Greguraus & Banait, 2005)

V. TRIPS and the Convention on Biological Diversity

The TRIPS Article 27.3(b) addresses certain items that may be excluded from patentability - plants and animals other than micro-organisms and essentially biological processes for the production of plants or animals other than non-biological and microbiological processes. Stated is that members are required to provide for the "protection of plants varieties either by patents or by an effective sui generic system or by any combination thereof." (the Trips Council's work is informed by developments in other international forums including the World Intellectual Property Organization (WIPO)

Convention on Biological Diversity (CBD)

Food and Agriculture Organization (FAO); and United Nations Committee on Trade and Development (UNCTAD)

There are two reasons given in support of the viewpoint that states that there is an 'inherent conflict' between the TRIPS Agreement and the Convention on Biological Diversity (CBD) which are as follows:

The TRIPS Agreement, by requiring that certain genetic material be patentable or protected by sui generis plant variety rights and by not preventing the patenting of other genetic material, provides for the appropriation of such genetic resources by private parties in a way that is inconsistent with the sovereign rights of countries over their genetic resources as provided for in the CBD;"

The TRIPS Agreement provides for the patenting or other intellectual property protection of genetic material without ensuring that the provisions of the CBD, including those relating to prior informed consent and benefit sharing, are respected."

Those in disagreement are stated to cite the following reasons supporting the view that there is "no conflict" between the TRIPS Agreement and the CBD and little or no likelihood of a conflict in practical implementation:

The TRIPS Agreement and the...

Parts of this document are hidden

View Full Document
svg-one

Summary
It is apparent that there is much to be addressed in relation to the protection of Intellectual Property, most particularly in the developing countries of the world where little respect is given to rights associated with Intellectual Property. The dangers that inherently lie within the realm of generic and counterfeit medications is one area that simply cannot be overlooked or ignored in terms of the public health aspects that have become inclusive in view of this problem of counterfeiting and pirating of goods.

China is one country but yet accounts for a total of one-fifth of the population of the entire world and counterfeiting on this level is one that is horrendous but will stop upon Chinas joining of the World Trade Organization due to the obligatory compliance that will be including the General Agreement on Tariffs and Trade (GATT) Agreement on Trade Related Aspects of Intellectual Property (TRIPS).

Conclusion

Projections are that within five years of China and other countries having joined the WTO that infringement of Intellectual Property will decrease however it is projected as well that China's government will have to be very active in implementing more extension reforms in order to liberalize the domestic market in China and to allow People's Republic of China and other foreign companies to more freely import and export products.

Clark, Douglas (2000) IP Rights Protection Will Improve in China - Eventually - Online available at www.chinabusinessreview.com/public/0005/clark.html

The Relationship Between the TRIPS Agreement and the Convention on Biological Diversity (2002) Summary of Issues Raised and Points Made - World Trade Organization Report Noted by the Secretariat 2002 August 8 IP/C/W/368 (02-4363) Council for Trade-Related Aspects of Intellectual Property Rights ii the Relationship Between the TRIPS Agreement and the Convention on Biological Diversity (2002) Summary of Issues Raised and Points Made - World Trade Organization Report Noted by the Secretariat 2002 August 8 IP/C/W/368 (02-4363) Council for Trade-Related Aspects of Intellectual Property Rights iii the Relationship Between the TRIPS Agreement and the Convention on Biological Diversity (2002) Summary of Issues Raised and Points Made - World Trade Organization Report Noted by the Secretariat 2002 August 8 IP/C/W/368 (02-4363) Council for Trade-Related Aspects of Intellectual Property Rights iv Ibid

Sources used in this document:
Projections are that within five years of China and other countries having joined the WTO that infringement of Intellectual Property will decrease however it is projected as well that China's government will have to be very active in implementing more extension reforms in order to liberalize the domestic market in China and to allow People's Republic of China and other foreign companies to more freely import and export products.

Clark, Douglas (2000) IP Rights Protection Will Improve in China - Eventually - Online available at www.chinabusinessreview.com/public/0005/clark.html

The Relationship Between the TRIPS Agreement and the Convention on Biological Diversity (2002) Summary of Issues Raised and Points Made - World Trade Organization Report Noted by the Secretariat 2002 August 8 IP/C/W/368 (02-4363) Council for Trade-Related Aspects of Intellectual Property Rights ii the Relationship Between the TRIPS Agreement and the Convention on Biological Diversity (2002) Summary of Issues Raised and Points Made - World Trade Organization Report Noted by the Secretariat 2002 August 8 IP/C/W/368 (02-4363) Council for Trade-Related Aspects of Intellectual Property Rights iii the Relationship Between the TRIPS Agreement and the Convention on Biological Diversity (2002) Summary of Issues Raised and Points Made - World Trade Organization Report Noted by the Secretariat 2002 August 8 IP/C/W/368 (02-4363) Council for Trade-Related Aspects of Intellectual Property Rights iv Ibid
Cite this Document:
Copy Bibliography Citation

Related Documents

Field Trips
Words: 810 Length: 3 Document Type: Term Paper

High School Field Trips Students want field trips for all the wrong reasons. You know that, and I know that. But you also know the right reasons for field trips. I am using this letter to remind you of them with the hope that you will keep funds for school trips in the school budget. Simply put, field trips are an important part of education because they connect real life

Creating a Field Trip for Each Philosophy
Words: 1438 Length: 3 Document Type: Term Paper

Philosophy Field Trip Realism: A flower is a flower. Idealism: A flower is an ultimate idea. Pragmatism: A flower is what I take it to be. Existentialism: A flower exists for me Rationalism: A flower is this way for now. Realism is a development of the Platonic theory of Forms which stated that universals such as "red" or "man" have an independent, objective existence, either in a realm of their own or in the mind of

Ecology Field Trip the Purpose of This
Words: 1380 Length: 5 Document Type: Essay

Ecology Field Trip The purpose of this field experiment was to determine the composition of the oak forest on and around Hubbard Hill, determining tree type frequency and size through a random sampling process. This is important for ecological purposes in determining the overall needs and structure of the oak forest ecosystem, at least insofar as different tree species are concerned, and for tracking levels of forest growth, loss, or change

Online Field Trip Comprised of
Words: 454 Length: 2 Document Type: Essay

The "Figure This: Math Challenges for Families" website, was a simple, bilingual website, that provided challenges and resources for families to work with together. The website employed cartoon characters, annotated solutions and real world applications to make mathematics attractive for the entire family. A challenge index and math index, juxtaposed the challenge with the relevant math concept. The final website visited was the "Circle 21" website. This website made use of

Linguistic Field Trip in Robeson
Words: 322 Length: 1 Document Type: Thesis

The area is of interest because it allows linguists to look into the variants of Middle English that influenced the current dialect. 3. The North Carolina Language and Life Project's study of Harkers Island, North Carolina is extraordinarily interesting, as it allows researchers to study a dialect that was formed independently of surrounding areas for nearly two centuries. Because the island was separated from the mainland until a bridge was

Field Construction Site Visit St. Patrick's Cathedral Restoration
Words: 562 Length: 2 Document Type: Essay

St. Patrick's Cathedral: Field Trip Patrick's Cathedral's design is not only original but also distinct. Its proportions are also evidently harmonious. With impressive twin spikes characterizing its west facade and enormous bronze doors ushering in visitors and worshipers alike, St. Patrick's Cathedral is every inch an architectural masterpiece. At the time of my visit last Friday at around 12:30 PM, there was an ongoing restoration and renovation exercise which as I was

Sign Up for Unlimited Study Help

Our semester plans gives you unlimited, unrestricted access to our entire library of resources —writing tools, guides, example essays, tutorials, class notes, and more.

Get Started Now