Journal Article

Special and Differential Treatments provisions in the TRIPs negotiations

Amin Alavi

in Journal of Intellectual Property Law & Practice

Volume 3, issue 1, pages 55-58
Published in print January 2008 | ISSN: 1747-1532
Published online December 2007 | e-ISSN: 1747-1540 | DOI:
Special and Differential Treatments provisions in the TRIPs negotiations

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Legal context

This article reviews the current status of World Trade Organization (WTO) negotiations on Special and Differential Treatments (S&DT) of developing countries in TRIPs, referred to here as the agreement on compulsory licensing.

Key points

The main thrust of the article is that, although the negotiations have reached equilibrium, there are still some open questions which may prove problematic in the future.

Practical significance

The most important remaining question to be borne in mind by practitioners is how the results reached might be incorporated in TRIPs and made permanent, this impacting future pratice.

Keywords: 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.

Journal Article.  2253 words. 

Subjects: Arbitration ; Intellectual Property Law

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