This paper, written for a World Trade Organization compendium, investigates the possibilities open to developing nations for controlling the abuse of intellectual property rights, and in particular patents, under Articles 31 and 40 of the Uruguay Round TRIPS (trade-related aspects of...

This article explores the tension between granting patent protection under the TRIPS Agreements and the availability of medicines at affordable prices to developing countries. A crucial consideration under the TRIPS compulsory licensing option is the 'adequate remuneration' paid. A theoretical...

Seattle will be remembered as the city where street demonstrations stopped global trade talks cold. But the Seattle protesters don't deserve such notoriety. The meeting actually fell victim to serious substantive disagreements among the member countries of the World Trade Organization (WTO) over...

This paper distinguishes the Intellectual Property Rights relevant to agriculture and explain these rights. The international intellectual property law for these rights will be described. India's international obligations vis-a-vis her own IPR laws has been explained. Analysis of the public...

The U.S. pharmaceutical industry has experienced in recent years two dramatic changes: stagnation in the growth of new molecular entities approved for marketing, and a wave of mergers linking inter alia some of the largest companies. This paper explores possible links between these two phenomena...

This paper, written for a conference at the Fordham University Law School, examines various facets of the “too big to fail†debate. It notes that in the current context, “too big to fail†may imply systemic risks from large financial institution size, compensating economies...

A century ago, in 1911, the U.S. Supreme Court issued its path-breaking decision in the monopolization case against the Standard Oil Companies. Standard pleaded inter alia that its near-monopoly position was the result of superior innovation, citing in particular the Frasch-Burton process for...

In 1791 Alexander Hamilton submitted as U.S. Secretary of the Treasury a now-famous Report on the Subject of Manufactures. In it he criticized arguments that the U.S. colonies should remain preponderantly agricultural. He does not name the “respectable patrons of opinions†whose views...

Since the United States changed its guidelines in 1984, many industrialized nations have included efficiencies defenses in their rules for judging whether mergers and other activities that might lessen competition are on balance desirable. This paper was written for an OECD competition policy...