The Issue Of Fairness Of The Trips Agreement For The

• Main Author: Perpustakaan UGM, i-lib
• Format: Article NonPeerReviewed
• Published: [Yogyakarta] : Universitas Gadjah Mada 2003
• Subjects: Jurnal i-lib UGM
• Online Access: https://repository.ugm.ac.id/19585/; http://i-lib.ugm.ac.id/jurnal/download.php?dataId=2417
• Institution: Universitas Gadjah Mada

This paper is based on research in the area of the intellectual property law and the international trade law. The research examines whether the TRIPS Agreement is fair for the developing and least developed countries (DLDCs), particularly in cases of international trade practices on patents of pharmaceuticals. The research is mainly library research, which is conducted at the Faculty of Law, Monash University, Australia. The completion of this paper is using a number of selected books and international journals, case law, documents of international organization, and international agreement and convention. Important findings were shown by the research that from the perspective of (DLDCs), the TRIPS Agreement is unfair due to several significant factors. It is argued that some fundamental differences between DLDCs and developed countries of their economic and legal enforcement conditions are generated imbalance treatment of the TRIPS Agreement in the two-category countries. Several recommendations are also given to governments and international organization in order to evaluate current system of intellectual property rights protection-international trade interface, and to create greater fairness in the implementation of the TRIPS Agreement