
Contents
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Introduction Introduction
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I. The Promise of TRIPS: Bargaining to the Baseline I. The Promise of TRIPS: Bargaining to the Baseline
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A. Non-Discrimination A. Non-Discrimination
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B. Scope of Protection B. Scope of Protection
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C. Sanctions and Enforcement C. Sanctions and Enforcement
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II. The Resilience of the Development Impulse II. The Resilience of the Development Impulse
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A. The Triumph of Legislation in Developing Countries A. The Triumph of Legislation in Developing Countries
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B. Legal innovation in the developing countries B. Legal innovation in the developing countries
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2. Brazil—an Example of Institutional Innovation 2. Brazil—an Example of Institutional Innovation
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C. Legal Innovation or Resilience in the Developed Countries? 1. Non-Compliance as a Form of Legal Innovation C. Legal Innovation or Resilience in the Developed Countries? 1. Non-Compliance as a Form of Legal Innovation
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Conclusion Conclusion
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13 Global Ethical Boundaries of Intellectual Property and Development: The Case of Genome Sequencing
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9 TRIPS and Its Methods: The Resilience of Developing Country Implementation of Intellectual Property Norms
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Published:September 2014
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Abstract
Global IP rights have expanded since the conclusion of the TRIPS Agreement, but new forms of responses and resistance to TRIPS implementation have emerged. This chapter highlights examples of legal innovation in developing countries: interpretive and administrative techniques applied by courts and regulatory agencies in implementing IP norms; unprecedented resort to constitutional text to establish limits to IP rights; and the existence of domestic institutions sensitive to the demands of local public interest. Similarly, in the developed countries, judicial institutions have sought to balance dynamic welfare interests with expansive rights in virtually all IP subject-matter categories. These developments confirm that domestic policy prescriptions remain important bulwarks of resistance to strong species of IP globalization. The chapter suggests that a range of domestic institutions, methods, and tools for TRIPS implementation may prove a more effective constraint on the welfare-disrupting potential of the international IP system than the availability of text-based flexibilities.
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