Enough is Enough – The Notion of Binding Ceilings in International Intellectual Property Protection

Ruse-Khan, Henning Grosse; Kur, Annette

doi:10.4337/9781849809580.00014

Cited by 18 publications

(5 citation statements)

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“…It has been suggested that in the course of time "the concept of 'minimum right' [i.e. minimum standards] has developed into a spiral of ever stronger levels of protection… to executive IP rights" 94 . Within that viewpoint, it is now becoming vocal that more sophisticated patent protection does exist in the WTO law itself, whereas TRIPS Agreement is seen as an instrument that "does not only create a 'floor' of minimum protection, but makes possible ceilings which place a binding maximum level on the protection of" 95 patents.…”

Section: Eands Innovation Efficiency and The Fuzziness Of Environmentmentioning

confidence: 99%

The Antitrust of Foreign Direct Investments Vis---Vis Energy and Sustainability Patents

Vesal

2016

SSRN Journal

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Parham FARHANG VESAL CTEI Working Papers CTEI Working Papers series publishes works by Graduate Institute faculty members, students and visiting scholars. www.graduateinstitute.ch/ctei Centre for Trade and Economic Integration (CTEI)The Centre for Trade and Economic Integration fosters world-class multidisciplinary scholarship aimed at developing solutions to problems facing the international trade system and economic integration more generally. It works in association with public sector and private sector actors, giving special prominence to Geneva-based International Organisations such as the WTO and UNCTAD. The Centre also bridges gaps between the scholarly and policymaking communities through outreach and training activities in Geneva.

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Section: Eands Innovation Efficiency and The Fuzziness Of Environmentmentioning

confidence: 99%

The Antitrust of Foreign Direct Investments Vis---Vis Energy and Sustainability Patents

Vesal

2016

SSRN Journal

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“…Since international IP law currently seems to enjoy limitless extension both at national level and through TRIPS‐plus agreements, it has become increasingly urgent to circumscribe its scope of action: border measures covering the external transit procedure are a good example of this problem inasmuch as they may negatively affect public health. Many authors already underlined the opportunity to provide not only for minimum standards, as TRIPS does already, but also for “ substantiva maxima ” (Dinwoodie, , p. 214) or “ceiling rules” (Kur and Grosse Ruse‐Khan, , pp. 5ff).…”

Section: Are There Ceilings To External Transit Control Of Medicines?mentioning

confidence: 99%

“…See the project “IP in transition” quoted in Kur and Grosse Ruse‐Khan (, p. 31). See also Gervais (, p. 68): according to the author, article 8 does not allow broader exceptions but it is a policy statement that underlines the rationale for measures taken under articles 30, 31 and 40.…”

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TRIPS‐plus Border Measures and Access to Medicines

Micara¹

2011

World Intellectual Property

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In 2008, Dutch customs authorities blocked generic medicines in transit in the Dutch territory on suspicion of their being counterfeit. India and Brazil subsequently claimed that external transit control of medicines is inconsistent with the Trade‐Related Aspects of Intellectual Property Rights (TRIPS), the Doha Declaration on TRIPS and Public Health and international provisions on access to medicines. This article aims to shed light on the consistency of external transit control of generics with international law, and on the interrelations between issues of intellectual property, free trade and public health at the international level; it shows that TRIPS makes possible a broad extension of IP rights protection while ceilings present some weaknesses.

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“…87 Kur and Grosse Ruse-Khan (2008), p. 20. 88 Yu (2014) 91 This part is mainly based on the research carried out for an earlier published book, Moerland (2013).…”

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Do Developing Countries Have a Say? Bilateral and Regional Intellectual Property Negotiations with the EU

Moerland

2017

IIC

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Bilateral and regional agreements concluded with the European Union (EU) and the United States are extensive and include high levels of IP protection and enforcement standards. Such protection is crucial to enhance their competitiveness, but it does not seem to be a priority for developing countries (DCs). This paper analyses how DCs should best address trade negotiations in which high standards of IP protection and enforcement are sought and few balancing (safeguard and flexibility) provisions, or such that can stimulate technology transfer, are on offer. The Max Planck Institute for Innovation and Competition's ''Principles for Intellectual Property Provisions in Bilateral and Regional Agreements'' cover many issues that are worth discussing as to how these can be incorporated in the negotiating process. Data collected from the CARIFORUM region when negotiating the EU-CARIFORUM Economic Partnership Agreement reconfirm the Principles' main recommendations; so do the experiences from India, Central American countries, Colombia and Peru in negotiations with the EU. The argument made here, however, is that a crucial factor in achieving more favourable outcomes for DCs is through an increase of their bargaining power. It will be examined what structural factors influence bargaining power and how this impacts the use of negotiating strategies.

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Enough is Enough – The Notion of Binding Ceilings in International Intellectual Property Protection

Cited by 18 publications

References 1 publication

The Antitrust of Foreign Direct Investments Vis---Vis Energy and Sustainability Patents

The Antitrust of Foreign Direct Investments Vis---Vis Energy and Sustainability Patents

TRIPS‐plus Border Measures and Access to Medicines

Do Developing Countries Have a Say? Bilateral and Regional Intellectual Property Negotiations with the EU

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