Chapter

Is a Substantive Regime Adequate to Generate full Compliance? The Biotechnology Debate

Srividhya Ragavan

in Patent and Trade Disparities in Developing Countries

Published in print August 2012 | ISBN: 9780199840670
Published online September 2012 | e-ISBN: 9780199949786 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199840670.003.0007
Is a Substantive Regime Adequate to Generate full Compliance? The Biotechnology Debate

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This chapter explores how the relationship of the biotechnology industry with the patent system was facilitated, which subsequently led to the growth of the industry. It shows how the courts, the patent office, and administrators have set standards and/or led amendments for the patent regime to accomplish national objectives. It also considers some examples from both the developed and developing world, as well as the role of procedural, administrative, and judicial mechanisms in creating the needed balance between TRIPS's minimum standards and national issues in developing nations.

Keywords: biotechnology industry; patent system; amendments; national objectives; mechanisms; balance; minimum standards; national issues

Chapter.  21767 words. 

Subjects: Intellectual Property Law

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