TRIPs

The Jungian analyst Ann Shulgin, wife of the chemist Sasha Shulgin, discoverer of the psychoactive qualities of MDMA, talks of her psychotherapeutic practice of using MDMA to facilitate the first step of C.G. Jung individuation process, the meeting with the Shadow.

The trend of continued rejection of compulsory licence applications in India goes against the local generic drug manufacturers and public health safeguards incorporated in the Indian patent law. It raises serious questions about the intervening role of the state in patent monopoly to equalise the competing interests between patent holders and consumers of "public good." This trend indicates a policy shift of the government regarding compulsory licensing.

Technology can be of both ‘hard’ and ‘soft’ in nature. While both kinds of technologies are applicable for climate change mitigation technologies, the latter kind is more appropriate for climate change adaptation. This is because unlike mitigation technologies, most of the adaptation methods involve some form of technology  that broadly cannot be considered as mere product or equipment. Instead, these technologies are broadly considered as various forms of ‘knowledge’ or ‘know-how’. While the mostly ‘product’ or ‘tool’ based ‘hard’ kinds of mitigation technologies are protected by intellectual property rights (IPRs) and brings financial benefit to the IPRs holders, typically ‘knowledge’ or ‘information’ based ‘soft’ kinds of adaptation technologies are vastly considered as ‘public good’, which are not protected by IPRs, nor bring any financial profit for the knowledge generators or the original knowledge holders. This paper assesses whether these soft kind of ‘knowledge’ or ‘know-how’ climate change adaptation technologies can be brought under modern IPRs system as such considered as commercially valuable. The study suggests some modification of existing system, where necessary. Finally, the study suggests introducing a ‘sui generis’ protection for community knowledge or traditional knowledge adaptation technologies.

This chapter assesses the future trends and trajectory of the optical media piracy. Media piracy is an evolving cybercrime which can easily adapt to the current technological and global environment. It traces briefly the development of media piracy from the VCR technology using the cassette format to the current digital and nanotechnology using the Internet and file sharing protocols. Optical disc piracy will be a transitory phenomenon in developing countries with underdeveloped IP and Internet culture. As the country increases in Internet penetration, the locus of media piracy shifts from the temporal space of the sidewalk stalls selling pirated DVDs or illegal CD–DVD shops to the cyberspace of the Internet. The use of discs becomes less popular as media piracy becomes more convenient, easier, and cheaper with direct illegal downloading, peer-to-peer sharing, and other evasive techniques using the latest sophisticated hardware and software technologies. This chapter then examines some popular and current online digital piracy such as peer-to-peer (P2P) file sharing, cyberlocker, media box, anti-circumvention technology, digital spying and hacking, and other Internet piracy supported by digital, cloud, and nanotechnology. It also makes projections on media piracy look like with the advent of quantum computing and technology. Media piracy follows technological advancement and innovation, thus making it difficult for authorities to curb as it uses the same technology used by copyright holders which provides them with a variety of options to respond to regulation. Finally, this chapter examines the difficulty of regulating the Internet and the role and future involvement of China in counterfeiting and media piracy. With the rise of online media piracy, regulating the Internet would then be the main challenge of law enforcement and copyright owners as regulating the Internet to curb piracy would not be easy with legality and illegality becoming more intimately connected with the growing sophistication of technology and conflicting business interests between service providers and content providers and between copyright industries and top IT and ICT.

This chapter deals with the international protection and promotion of indigenous traditional knowledge (TK) associated with agriculture, with a special focus on biodiversity-related knowledge. Interest in this knowledge has intensified greatly over the past two decades, along with a growing awareness of the contribution it can make, in a time of climate and environmental change, towards developing more sustainable models of agriculture and contrasting the erosion of both
biodiversity and cultural diversity. The chapter analyzes the international legal framework for TK protection, as well as current international efforts to develop sui generis protection systems that are culturally more appropriate and capable of valorizing the collective and intergenerational nature of TK. In this context, the protection of indigenous TK is put against the backdrop of the protection of TK hold by rural communities of peasants, shepherds, and fishermen. The chapter finally investigates the role of intellectual property in preserving indigenous peoples’ TK and promoting their economic empowerment. More precisely, attention is paid to the question as to whether TK falls within the boundaries of
protected property under international human rights law.

This Article examines the role of international law in the innovation and transfer of green technologies in the context of South-South cooperation. It argues that collaboration merely between developed and developing countries is insufficient and that cooperation among advanced developing and developing countries is essential. To ensure wide innovation and transfer of green technologies, international laws dealing with climate change and international trade related issues must play major roles. As such, this Article demonstrates how these branches of international law can facilitate South-South cooperation in the innovation and transfer of green technologies and proposes methods for creating a favorable environment for innovation and transfer in light of the global climate regimes and trade-related legal frameworks.

British pie aficionados associate the town of Melton Mowbray with the production of pork pies of exceptional quality. The “Melton Mowbray” name became a Geographical Indication (GI) in 2009. However, the Melton Mowbray Pork Pie Association (MMPPA), formed to obtain GI status, was founded as long ago as 1998. This paper uses the Melton Mowbray case to explore the GI model that operates in the European Union (EU). Articles 22, 23 and 24 of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement are actualised through the national legislation of each World Trade Organization (WTO) member. This occurred in the EU at the time of the Melton Mowbray example via Regulation 2081/92. The paper draws upon material gleaned from interviews with the Melton Mowbray producers and Chairman of the MMPPA which are supplemented by transcripts of the legal conflict which pitted the MMPPA against a powerful rival manufacturer. The MMPPA argued that its adversary was too distant from Melton Mowbray and that it applied inauthentic methods of production. The out-of-place producer, in response, claimed that the “Melton Mowbray” name was generic and hence ineligible for GI protection. This detailed study of one of Britain’s most iconic regional foods investigates the conceptual and legal infrastructure that is common to all GIs. It provides an in-depth analysis of the constructions of place, boundaries and tradition that are deployed to generate GIs and legitimise the system. Moreover, this work demonstrates that the intricacies and nuances of the GI model can result in differing interpretations of these notions and thus lead to legal challenges from aggrieved producers.

A non-cultural sustainable development policy contains a cultural policy that adheres to the hegemonic model of neo modernization.That is, the desire to make as much money as possible in the shortest possible time and, of course, without caring about its impact or other side effects. This also seems to be the attitude towards culture. Agenda 21 for Development is first and foremost a question that may be put as follows: ‘Is another model (of cultural policies) possible? In Suriname not only, the indigenous people are considered to have knowledge in their heritage (traditional knowledge) because the other ethnic groups also have knowledge that is part of their cultural heritage. Protection of the unique cacophony of cultural heritage of Suriname is important starting with indigenous people. The conflicts surrounding traditional knowledge resonate in the social reality of Suriname. The current legal framework does not adequately protect tradesional knowledge. There are no compulsory legal provisions for meaningful participation or consultation in decisions affecting indigenous peoples, nor is their right to free, prior and informed consent (FPIC) recognized. The legislation process in Suriname is rather slow. There is a limited awareness in general on indigenous people rights in Suriname, including by lawmakers. Although there is a general recognition that there are such rights, there is limited clarity what exactly those are, if and how they should be recognized legally, and how this would affect other rights such as the rights of concession holders, individual ownership rights, and rights of other etnic communities. This limited awareness, combined with long-held prejudices and discrimination against indigenous make this topic a difficult one to discuss in a constructive and structured manner. There is a persistent top-down governance attitude in Suriname, where the government and its officials often act as the know-betters towards indigenous communities and development isseus.Such attitudes again make it difficult to have constructive and meaningful discussions over topics such as community governance over territories, areas and resources. Policy reforms (should) go hand-in-hand with legal reforms,  legal reforms would obviously also need to be reflected in policy reforms and the other way around. The thesis consists of a socio-legal literature study and a norm ative framework. The conclusion can be drawn that Suriname has to create a national dialog on traditional knowledge and identity. The goals of this national dialog can be formulated as followed: 1. The Surinamese government has to establish a clear workable process to develop the laws and administrative measures and need to comply with its legal obligations and to maintain continued dialogue between the government of Suriname and its citizens.  2. The government need to create a long-term sustainable development policy plan that takes into consideration conservation of biodiversity, protection of traditional knowledge and justice for all. In this sense, development is at the heart of the culture debate. If one views culture as more than just the preservation and promotion of the arts, heritage and cultural identities, then we have to include the broad civilization concept embodied in culture as a whole way of life. That s why this thesis promotes the usage of cultural development as a fourth pillar.

Page 1. Access to Knowledge in South Africa Part of the Access to Knowledge Research Series Edited by Andrew Rens & Rebecca Kahn Published by The Intellectual Property Law Research Unit, University of Cape Town, in collaboration with the Information Society Project at Yale Law School This work is licensed under the Creative Commons Attribution-Share Alike 2.5 South Africa Licence.

The term ‘Method Champenois’ connects champagne to its rich history, geographical location and image. Few words evoke luxury and good cheer as much as champagne. Behind the bubbles is an international trade rivalry between the EU and the US to control the lucrative champagne market.

The battle lines concern champagne’s recognition as a 'geographical indication'; a type of intellectual property cited primarily in the Trade - Related Aspects of Intellectual Property Rights Agreement. The conflict is hotly contested. The EU claims the label champagne must only be used for sparkling wine produced in the Champagne region in France. The US counterclaims that champagne is a generic word describing the type of sparkling wine.

Recent reports published in Sri Lankan newspapers suggest that local industries (particularly cinnamon producers) have raised concerns about the lack of a registration system for geographical indications (GIs) in Sri Lanka. They have even gone on to suggest that the failure on the part of Sri Lankan authorities and stakeholders to obtain protection of Sri Lankan GIs in other jurisdictions (and in particular the EU) is attributable to the lack of a domestic mechanism for the registration of GIs. Both local industries and academics have made reference to the Indian approach on the registration and protection of GIs and have called for the implementation of a similar system in Sri Lanka. It was in order to address this specific concern and plea that the Cabinet of Ministers by a decision made in October 2016 pledged to amend the Intellectual Property Act 2003 (IP Act), which governs the
protection and enforcement of Intellectual Property Rights in Sri Lanka. Yet, contrary to expectations and adopting an approach that is much less comprehensive than the existing legislative approach in India, the proposed amendment to the IP Act merely
introduces a single subsection to s.161 that deals with the protection of GIs. Against this backdrop, this article deals with the following points. First, it considers whether the current regime for the protection of GIs in Sri Lanka is sufficient in order to obtain
the necessary legal protection for Sri Lankan GIs both locally and globally. Secondly, the article critically assesses the new amendment to the IP Act, comparing it with the Indian approach, in considering its practicality and utility. It is argued that the new amendment adds nothing to existing law.

The purpose of this research is to discuss whether and to what extent the patent rights to be implemented in times of an emergency with the requirement of accessing essential medicine around the world. To discuss the above, the researcher uses Comparative Legal Methodology along with the critical review of literature as the research methodology. The researcher elaborates on the importance of using TRIPS flexibilities and Compulsory Licensing during COVID-19 to grant access on the essential medicines to least developing countries. Further, the researcher analyzes the use of compulsory licensing in relation to three different jurisdictions i.e., Canada, South Africa and India and how it impacts the balancing of prolonged discourse on private profits and public health. Also, this research basically focuses on the information collected in relation to the topic during the pandemic period starting from 2019 to the period ending at December 2021 as the researcher believes that the topic is still growing. In terms of originality, to the best of author's knowledge, this is the first time in Sri Lanka, research is carried out analyzing access to medicine during COVID-19 pandemic.

As a result of the unexpectedly quick development of vaccines to prevent COVID-19, the Canadian government was pulled in two opposite directions. On the one hand, Canadians exerted extreme pressure on the government to purchase and roll out vaccines as fast as possible for domestic immunization. On the other hand, it sought to promote global access to the vaccine, which would save more lives. This article examines how the Canadian government responded to this quandary, why it made those choices, to what effect and what a better approach would have been. I argue that, by adopting a resolute “Canada First” approach for electoral reasons, while also rhetorically espousing equitable global access, the government tried to satisfy both sides. However, by focusing overwhelmingly “doing good” for Canadians, the government is also indirectly “doing harm” to vulnerable people abroad and prolonging the pandemic globally and for Canadians too. Canadian “vaccine nationalism” is also harmful to Canadian economic interests and claims of global leadership, and will reduce Canada’s “soft power”. The solution, from both an ethical and a pragmatic standpoint, would be to share vaccines more equitably and support intellectual property waivers and other measures to accelerate global vaccine production and immunization.

(SPANISH) Part TWO, contains a secondary sources review, as part of field work preliminary research. The theoretical framework, the focal orientation, as well as  the characterizations of characters, situations, ceremonies and places, plus hypothetical routes and the research and artistic experimentation conclusions. The project remains open, conclusions are partial and presented as impressions besides possible transcendental art research and experimental developments.
ABSTRACT
“Oklahoma – Nararachi, peyote road landscapes” puts together  science and art knowledge, this thesis work deals with images and words, memory and identity, travel and trance to build landscapes. Traveling by car, on the road,  trip starts in Oklahoma, goes on through Texas, Arizona, California, and New Mexico, crossing the border towards Chihuahua, to finish at the Sierra Tarahumara. It is an artistic exploration and research work conducted as a work in progress, following the contemporary Cheyenne poet Lance Henson.
This work provides a crossing of glances crossing photography (Cabanzo Francisco, visual artist), documentary film (Federico Lanchares, documentarist) and poetry languages (Lance Henson, poet and writer, Sundance ceremonial dancer, Dogsoldier clan member, trip guide).
The second part is composed by a set of secondary informations that help to achieve the conceptual and methodological background research that was made by Francisco Cabanzo as a visual artist in order to achive the necessary information to develop a parallel work: first as the documentary research and direction assistant for director F. Lanchares following poet Lance Henson. An to help develop the work as a visual artist do build several video-art (sequencies) and photographic documentation (backstage) of "oklahoma-nararachi peyote road landscapes" trip."

This brief chapter in the SAGE Handbook of Intellectual Property (Halbert and David, eds) examines available data and analyses concerning the impact of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) on development. The chapter considers distinctions among types of countries and industries, and the role of the World Intellectual Property Organization (WIPO).

Reducing cross-border dissonance of intellectual property laws has shifted decisively to international investment agreements (IIAs). Substantive provisions which mirror IP text found in multilateral trade agreements appear in the United States-Rwanda Bilateral Investment Treaty (BIT), and the Japan-China-Korea Trilateral Investment Treaty. These mark a paradigm shift away from provisions that simply define IP as a covered investment to be protected, in line with national law. Instead, these devices open host states to transplant-harmonization of international IP norms which go beyond the scope of national law. In September 2013 pharmaceutical company Eli Lilly filed a notice of arbitration under NAFTA chapter 11 against the government of Canada for the invalidation of previously issued patents for Strattera and Zyprexa. This followed earlier investment arbitration claims launched by cigarette manufacturer Philip Morris in 2010 and 2011, against Uruguay and Australia respectively, citing public health legislation which restricted the company’s use of its lawfully acquired trademarks.These investment claims are founded on intellectual property (IP) provisions in international investment agreements (IIAs), which include IP as a
covered investment. The Eli Lilly and Philip Morris claims have exposed pre-existing tensions arising from standard IIA clauses which protect IP as a covered investment; as well as newer provisions that incorporate
regulatory language from the agreement on trade related aspects of IP (TRIPS).IP has benefitted from international investment protection for as long as IIAs have existed, but enforcement and dispute settlement
have always taken place at the national level. The willingness to deploy investment treaty based provisions to enforce IPRs in arbitral proceedings is the result of a broader investment driven, bilateral shift in
the approach to IP regulation and dispute settlement. The addition of IIAs to the list of international regulatory tools available for IP protection and enforcement presents a new dilemma for the delicate IP policy bargain struck by the TRIPS agreement.

This study examines the influence of socioeconomic characteristics of commuters on their level of bus accessibility and usage in Kaduna metropolis, Nigeria. Structured questionnaires and past literature were used as sources of data. This study used systematic random sampling to select eight major bus terminals from which 324 bus commuters were purposively selected for interview. Correlation and multiple regression models were used to analyze the data collected. The study revealed that trip frequency is positively correlated to the income of commuters with value (0.324)). This implies that as commuters' income increases so also is their bus service accessibility increases. Trip frequency is also found to be negatively correlated to gender with value of (-0.190) which implies that women travel less frequently than men and they also travel shorter distances than men. The study further reveals that women rely more on bus services than men. The regression model also shows that marital status and monthly income are found to be positively significant with P-value of (0.001) and (0.000) at 5% significant level respectively. The study therefore recommends that a public transportation system that is responsive to meet gender differentials in transport needs of commuters should be introduced in Kaduna City.

Plain packaging is the WHO’s new concept to fight the global tobacco epidemic.
Already adopted in Australia, other countries are certain to follow and are already evaluating its introduction. However, plain packaging is not as carefree and unproblematic as the WHO considers it to be. The idea of dictating to tobacco producers the way they must present their product provokes heavy protest on political and legal levels. This article analyses the compatibility of plain packaging with WTO-law.