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Challenging the Validity of Patents: Stepping in Line with EPO and US Jurisprudence
As a matter of law, patents are granted with a presumption of validity. However, with the public interest considered as an essential basis for the granting of exclusive rights, subject only to procedural fairness, a competent ...
Ghana TRIPS Over the TRIPS Agreement on Plant Breeders' Rights
The premise under which the global IP system is validated has often focused on a traditional materialistic approach. While this seems to find legitimate support in economic reasoning, such a fundamental view also appears ...
The Complexity of Using the Patent Standards under TRIPS for the Promotion of Domestic Industrial Development in Developing Countries in the Absence of Local Working Requirements: : Rethinking the Role of the World Intellectual Property Organisation in Intellectual Property Standard-Setting
This article confronts the most basic question, which is whether in its traditional legislative intent the principle of patent working requirements would as an instrument of government policy in the mist of global value ...
Interpretation of TRIPS Provisions in a Manner Consistent with Human Rights Instruments: A Policy Option for the Exploration of South-South Judicial Cooperation
The rigid interface between the enforcement provisions of patents under TRIPS standards and the institutional, technical and human resource capacity deficiencies means that political decisions to exploit the TRIPS flexibilities ...
Multifunctionality of Agriculture Products: Towards Collaborative Policy Guidelines on Sustainable Agro-Related Fuel Development
The primacy of food security overrides that of energy. This is a reasoned view under the United Nations rights-based theories and practice. Within this context, there are voluntary guidelines according to which countries ...