1 Department of Business Law, Aarhus School of Business, Aarhus BSS, Aarhus University2 Centre for International Business Law (CIBL), Aarhus School of Business, Aarhus BSS, Aarhus University3 Department of Law, Aarhus BSS, Aarhus University4 Department of Law, Aarhus BSS, Aarhus University
A fundamental concept in our understanding of justice is the nature of equality of legal responsibility, which is the basis upon which World Trade Organization (WTO) membership and adherence to the TRIPs Agreement is based. In reality, however, while an ideal world would require all countries to provide the same level of IP protection, the imbalances between groups of countries in terms of their wealth, educational, and natural resources and their manufacturing capabilities mean that the equal treatment of patent protection internationally perpetuates inequalities at other levels. In reviewing the present state of Special and Differential Treatment negotiations as they affect the ability of some of the world's least developed nations to seek the relaxation of compulsory patent licensing norms, the author reflects the delicate balance between human need, economic power, and diplomatic nicety that has led to a position of virtual deadlock.
Journal of Intellectual Property Law and Practice, 2008, Vol 3, Issue 1, p. 55-58
International Immaterialret; WTO; patents; TRIPs; Developing countries