The Trade Related Aspects of Intellectual Property Rights (TRIPS) - Pharmaceuticals Transitional Period: Can it Help Build Capacity in African Least Developed Countries (LDCs)?

ABSTRACT

African least developed countries LDCs face unique challenges in the implementation of minimum standards for the protection of IPRs, most poignantly illustrated in the field of pharmaceuticals. This was to an extent recognised by the World Trade Organization (WTO) in providing a transitional period during which LDCs are not obliged to implement the Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement in order to afford them an opportunity to develop a viable technological base in the pharmaceutical sector before being required to provide patent protection for pharmaceuticals. This article explores some options available to African least developed countries LDCs to use the transitional period in a manner that could help develop their pharmaceutical manufacturing capacity. Rwanda has already shown itself to be a pioneer in the use of policy flexibility available in the TRIPS Agreement and related instruments to fulfil the country's demand for essential pharmaceutical products. Therefore, much of the analysis draws on Rwanda for illustrative purposes.     

Exporting Activity in Transitional Economies: An Enterprise-Level Study

This study represents the first enterprise level analysis of the determinants of exporting in transitional economies, and focuses on privatised manufacturing firms in Russia, Ukraine and Belarus. Employing models developed from the existing literature on enterprise-level trade, results derived from longitudinal data suggest that the most important influences on a firm's decision to export are company size and the non-monotonic, curvilinear influence of managerial ownership and control. Comparisons are made with studies of less developed countries.     

Discourses on Poverty: emerging perspectives on a caring economy

In The Real Wealth of Nations, Eisler proposes a holistic view of the economy, which would include the caring sectors—the household, unpaid community work and the environment—as an alternative to market-oriented economic models that have proven ineffective in dealing with the problems facing our local and global communities. Her inclusion of language change as part of a strategy for economic transformation implicitly recognises the socially constitutive function of discourse, a notion put forth by critical linguists. Based on these economic and linguistic perspectives, this article reports on a study that examined the social knowledge about poverty constructed through selected discourses to determine whether they communicate a narrow or holistic view of the economy. It proposes that economic planning for poverty reduction build upon the process of language change towards a caring economy as revealed by the study.     

The wto in Bali: what mc9 means for the Doha Development Agenda and why it matters

The conclusion of the World Trade Organization’s (wto) ninth ministerial meeting – held in Bali 3–7 December 2013 – is at one and the same time momentous, marginal and business-as-usual. It is momentous because it marks the first multilateral agreement reached in the wto since the organisation began operations on 1 January 1995; it is marginal because the deal reached will have only a limited impact on the global trading system; and it is business as usual because the Bali package will be of disproportionally greater value to the industrial states than to their developing and least developed counterparts. We examine what happened in Bali, covering the principal issues at stake and the content of the outcome, what this means for the wto and for the Doha Development Agenda (dda), and why it all matters. We argue that, while the Bali ministerial is significant and the agreements reached important, the conclusion of the meeting and the package agreed represent only a limited movement forward in addressing the fundamental problems and inequities of the wto system.     

Community Participation in Spatial Planning: Exploring Relationships between Professional and Lay Stakeholders

The literature that explores relationships between lay and professional stakeholders in community participation generally suggests that professionals perceive five main difficulties in working with lay people: it is unnecessary within democracies; lay people lack expertise; they are not representative; there is commonly a lack of trust, and decision-making is made more complex. In respect of spatial planning in South West England, from survey evidence these difficulties are not so apparent except in respect of complex decision-making. It is likely that the variation between the literature and the survey is influenced by the longer heritage of community participation in the spatial planning process in England, than in most other local authority services.     

The Impact of Rural Votes in Foreign Policies: The FTA Policies under the DPJ Government in Japan

The recent trend of bilateral free trade agreements (FTAs) has pressured the governments of many countries to make such arrangements with their trade partners. Since its foundation in 1998, the Democratic Party of Japan (DPJ) has advocated free trade policies, partly because the party was an urban-based party. Thus, many expected that, when the DPJ assumed power in 2009, it would implement free trade policies as it had promised in the past. However, the DPJ government failed to deliver on its promise after spending three and a half years in office. It contrasts sharply with the Korean government under the leadership of Lee Myung-bak, which managed to conclude FTAs with its major trade partners, including the United States and the European Union. Both governments' free trade policies faced strong opposition from the agricultural industry, as farmers in Japan and Korea lacked international competitiveness. What explains the reasons why the Japanese government has been struggling to implement its free trade policies, while its Korean counterpart succeeded in signing a number of FTAs? Focusing primarily on the case of Japan and using the Korean case as reference, this study tries to provide an explanation for this puzzle by analyzing the impact of rural votes in the policy-making process.     

格式条款的法价值机理与规制新思路——兼评新《消费者权益保护法》第26条

格式条款因其有助于交易的迅捷而被广泛应用于各种消费领域,但其亦日益沦为经营者侵害消费者利益的工具,并愈演愈烈。因此,此次《消费者权益保护法》着重从防范格式条款滥用的角度对其进行修缮。但是,如果深入剖析格式条款制度所蕴涵的效率与公平法价值及两者间的运行机理,则会发现此次防范和规制格式条款的修改思路依然是旧有规整思路,难以取得法律修改的预期效果。合理而正确的规整思路应当是,区分不同消费领域对公平与效率价值的强弱需求,然后在遵循不同法价值机理的基础上配置相称的规制手段。     

Examining the Scope for National Lesson‐drawing on Climate Governance

The need to understand the scope for comparative lesson‐drawing on national‐level climate mitigation policy has acquired added significance due to the current impasse in international‐level governance. Greater policy learning or lesson‐drawing among peers at the national level could, to an extent, foster meaningful developments by overcoming generalised international apathy and inaction. In this respect, we analyse the features of one significant example of national climate policy in order to examine the scope for lesson‐drawing, thereby setting out a normative research agenda. The UK Climate Change Act 2008 remains one of the few examples of legally enshrined national mitigation legislation and hence provides a relevant, but surprisingly under‐researched, source of learning for policy‐makers worldwide. By analysing its development, critical features and implementation, this article shows that—despite criticism of the sustainability and implementation effectiveness of the Act—some aspects of the policy could provide lessons for other states, and hence are potentially transferable extraterritorially, although lesson‐drawing itself is conditional on contextual constraints.     

对2005年英国《意思能力法》的再解读——以社会工作为视角

2005年英格兰和威尔士颁行的《意思能力法》将判例法的大部分实践奉为准则以保护丧失决策能力的成年人,促进个人自主性以及确保个人能够提前做出拒绝治疗的相关决定.它在需要替欠缺行为能力成年人做主要的身体和福利决定的情形下引入了新的替代决策方式以满足这些需求以及相关特殊主张.2005年《意思能力法》的适用范围从不同的角度得到再次解读,此法与在既定领域以新角色与他人进行合作的社会工作者之间的密切关系得到考察,社会工作者的部分责任得到阐明,研究结论指出：社会工作者具备完美实践的潜力,而这也需要专业的反思与服务监督的支持.     

多式联运：关于当代法律的评论

德国运输法的改革法案于 1998年 7月 1日生效。新法最主要的变化是为国内的各种货物运输方式 ,包括公路、铁路、内水和航空运输 ,制定了一套相同的法律规则 ,同时第一次为多式联运制定了规则。本文主要以德国法为对象 ,同时比较中国、荷兰和法国法 ,论述多式联运合同的定义 ,适用法律 ,责任限制等问题。