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TRIPS Flexibilities

TRIPS Flexibilities. P. Roffe ICTSD Bellagio, October 2007. The relative importance of flexibilities. The minimum standards of TRIPS The Doha Declaration of 2001 The WHO and IGWIG process Two main issues: 1. Which flexibilities 2. Their implementation. Which flexibilities?.

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TRIPS Flexibilities

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  1. TRIPS Flexibilities P. Roffe ICTSD Bellagio, October 2007

  2. The relative importance of flexibilities • The minimum standards of TRIPS • The Doha Declaration of 2001 • The WHO and IGWIG process • Two main issues: 1. Which flexibilities 2. Their implementation

  3. Which flexibilities? • Patent and related fields • A lot has been said and written • A possible typology • Pre and post grant • UNCTAD current work

  4. Pre grant

  5. Post grant

  6. Implementation • General principle: freedom to determine the appropriate method of implementation within own legal system and practice • Pre-conditions • Political will • Right policies and institutions in place • Human resources for their implementation • Administrative • Judicial

  7. Implementation • International cooperation • Role of bilateral donors • Roles of WIPO, WTO, WHO • The WIPO Development Agenda

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