ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

Articles by C Niranjan RaoSubscribe to C Niranjan Rao

Dunkel Draft on TRIPS-Complete Denial of Developing Countries Interests

Complete Denial of Developing Countries' Interests Biswajit Dhar C Niranjan Rao The Dunkel draft on TRIPS is heavily biased in favour of the patentees. While their rights have been enlarged, their obligations have been considerably watered down. This marks a reversal of the spirit of the 70s when the issue in international negotiations was how to make technology transfer between the north and the south more equitable. The TRIPS negotiations have focused exclusively on the monopoly rights of patentees from developed countries and, in doing so, all the issues raised in the debates on the 'Code of Conduct for Transfer of Technology' and the 'Code of Conduct for Multinational Corporations' have been conveniently forgotten. The developing countries have to contend with an unequal world order. This is the most important message of the Dunkel draft on TRIPS.

Recent Developments in International Patent System

Patent System C Niranjan Rao The international patent system is witnessing rapid developments in its field. The revision of Paris Convention on the lines suggested by the developing countries, has almost failed. The demand of the developed countries for a GATT-based approach to patents is showing rapid progress in the Uruguay Round. The US pressures on the developing countries for an 'improvement' in their patent system is weakening the negotiating position of these countries.

Trade Related Aspects of Intellectual Property Rights-Question of Patents

This paper analyses the implications of a trade based approach to intellectual property rights for the international patent system. It is suggested that such an approach will entail fundamental changes in the patent system, the most important of which will he that imports of the patented product would be regarded as working of the patent. This will have far-reaching impact on the technological development of the developing countries, given the large number of foreign patents in these countries. Only a united third world stand will be able to resist the pressures of the developed countries.

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