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Special and Differential Treatments provisions in the TRIPs negotiations

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  • Amin Alavi, Denmark
  • Department of Business Law
  • Centre for International Business Law (CIBL)
 A fundamental concept in our understanding of justice is the nature of equality of legal responsibility, which is the basis upon which World Trade Organization (WTO) membership and adherence to the TRIPs Agreement is based. In reality, however, while an ideal world would require all countries to provide the same level of IP protection, the imbalances between groups of countries in terms of their wealth, educational, and natural resources and their manufacturing capabilities mean that the equal treatment of patent protection internationally perpetuates inequalities at other levels. In reviewing the present state of Special and Differential Treatment negotiations as they affect the ability of some of the world's least developed nations to seek the relaxation of compulsory patent licensing norms, the author reflects the delicate balance between human need, economic power, and diplomatic nicety that has led to a position of virtual deadlock.
Original languageEnglish
JournalJournal of Intellectual Property Law & Practice
Pages (from-to)55-58
Number of pages4
Publication statusPublished - 2008

    Research areas

  • TRIPs, Developing countries

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