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TRIPS

Are seeds really computer chips?

Denis Borges Barbosa is a Lawyer in Rio de Janeiro, and Intellectual Property Law Professor at the Catholic University of Rio de Janeiro. Marcus Lessa (Institute of Economics, UFRJ, Brazil) is a Partner at Denis Borges Barbosa Advogados Law Firm, Rio de Janeiro. The comparison may – or may not – seem strange, but may […]

Poverty in the developing world: Should TRIPs really be repealed?

Tamsin Thomas is a JD candidate at Osgoode Hall Law School and is taking the Intellectual Property Theory course. In his article, “Some Realism about Indigenism”, Professor Michael Davis argues that TRIPs “is the biggest disaster faced by the Third World since the end of the territorial-based colonial era.” In the context of protecting traditional knowledge, he […]

The Inequitable Commons

Michael John Long is an LLM candidate at Osgoode Hall and is taking the Intellectual Property Theory course. The Romance of the Public Domain, as Anupam Chander and Madhavi Sunder see it, is the presumption that the public domain is a landscape where everyone has equal access to reap the riches found therein.  This ‘romance […]

Protecting Developing Countries through the Trips Agreement: What is the Real State of Play?

Wiseman Ubochioma is a doctoral candidate at Osgoode Hall Law School of York University and is taking the Intellectual Property Theory course. The TRIPS Agreement has always been heralded as a milestone achievement recorded in the field of intellectual property. It provides a minimum standard of intellectual property protection among WTO members and reduces the […]

India’s Pre-Grant Patent Oppositions – A True Remedy?

Nigel D’Souza is a JD Candidate at Osgoode Hall Law School. I have finally returned home to Toronto after spending three difficult months in India. I have travelled to India before but never during the summer. Unfortunately, there was a drought during my stay in Delhi, with temperatures hovering around fifty degrees celsius on a […]

Pooling patents for HIV drugs: A paradigm shift

Nirav Bhatt is an LLM candidate at Osgoode Hall Law School. According to a report, AIDS, which is caused due to Human immunodeficiency virus (HIV) killed more than 25 million people worldwide from 1981 to 2006. Already, over six million people with HIV/AIDS are dying because they have no access to lifesaving medicines.  The current […]

WTO, TRIPS & Dispute Settlement: Exploring the Intersection Between International Trade, Intellectual Property Rights and The WTO Dispute Resolution Process

Nirav Bhatt is an LLM candidate at Osgoode Hall Law School. BACKGROUND During the early 1990s, the extent of protection and enforcement of Intellectual Property (“IP”) rights varied widely around the world. As IP became more important in trade, these differences became a source of tension in international economic relations. New internationally-agreed trade rules for […]

Contracts, Orphan Works, and Copyright Norms: What Role for Berne and TRIPs

Jane Ginsburg is Morton L. Janklow Professor of Literary and Artistic Property Law at Columbia Law School and Co-director, Kernochan Center for Law, Media and the Arts.  Professor Ginsburg is also a member of IP Osgoode’s International Advisory Council. Professor Ginsburg has a new article forthcoming in WORKING WITHIN THE BOUNDARIES OF INTELLECTUAL PROPERTY, Rochelle Cooper […]

“Ducking” TRIPS: Novartis and the legality of Section 3(d) of the Indian Patents Act

Professor Shamnad Basheer (National University of Juridical Sciences, Kolkata) is an IP Osgoode Research Affiliate and is also the founder of SpicyIP, a leading blog dedicated to analyzing IP and innovation policy news and cases from India. Glivec, a path-breaking anticancer drug by Novartis propelled Indian patent law onto the world stage in an interesting […]