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Journal of Intellectual Property Rights (JIPR) >
JIPR Vol.16 [2011] >
JIPR Vol.16(6) [November 2011] >
| Title: | North-South Agreements on Trade and Intellectual Property beyond TRIPS: An Analysis of US Bilateral Agreements in Comparative Perspective |
| Authors: | Escobar-Andrae, Bernardita |
| Keywords: | Intellectual property rights
Trade agreements |
| Issue Date: | Nov-2011 |
| Publisher: | NISCAIR-CSIR, India |
| Abstract: | This article lays out qualitative and quantitative
information of the extent of intellectual property (IP) protection reached by
industrial property related sections of US bilateral trade agreements (TAs)
agreed during 2000 decade. The paper classifies IP protection provisions of
such TAs. Their extent of protection is measured through the identification of
‘shall+’ commitments, i.e. compulsory commitments that imply protection beyond
WTO-TRIPS benchmark. The metrics built highlight the fact that despite
significant similarities in structure and content found across TAs, there is a
notable dispersion in the extent of protection they contain. Indices produced
show that pharmaceutical provisions comprise a significant part of ‘shall+’
commitments of such agreements. This finding supports the hypothesis of
pharmaceutical industry’s success in setting the agenda for US international
trade and IP policy1 and the role that
IP protection plays in such industry.2, 3 The extent of IP protection
is highly correlated across IP categories and they reveal that Chile agreed to the lowest number of such
commitments, whilst Oman
and CAFTA agreed to the greatest number of such provisions. Duration of
negotiations appears to be negatively and significantly correlated with indices
for patent and data protection for pharmaceuticals. This finding suggests that
such provisions indeed became the core of the negotiations, and countries that
strove to limit their inclusion, succeeded partially. |
| Page(s): | 477-499 |
| CC License: |  CC Attribution-Noncommercial-No Derivative Works 2.5 India |
| ISSN: | 0975-1076 (Online); 0971-7544 (Print) |
| Source: | JIPR Vol.16(6) [November 2011]
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