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Abstract:
Knowledge has been the most coveted possession of mankind since the industrial revolution. The industrial boom after the World Wars has highlighted the importance of the so-called intellectual knowledge. Recently, the importance of knowledge that has been in the public domain (and, therefore, accessible) has come into question. The pattern of evolution of society, has been marked by a process by which the societies in developed countries have moved towards a more technological orientation. Consequentially, some traditional knowledge, including traditional practices, has been left behind and newer practices that are better, or at least considered better, are being used. Knowledge that is no longer part of the so-called developed societies, but retained by traditional societies has, of late, gained attention because of its value, materially and otherwise. There is, however, a difference between the knowledge vested in indigenous peoples and the corporate interests in using that knowledge. This leads to a gap between source materials and end producers, which can be described as the "gap between producers and users." Treatises assert that it is only the corporate interests that are finally rewarded. This increasingly threatens the viability of knowledge systems of indigenous peoples and local communities.

This paper addresses the issues involved in attempting to protect, as intellectual property, the traditional knowledge prevailing within traditional societies. It outlines the debate on the issues and explores the possible ambit of property rights vested in the traditional knowledge. Finally, this paper, examines the slow but steady increase in the pace of the property holders to claim their rights. It is critical of the lack of appreciation, of the knowledge and the holders of such knowledge by the developed countries. In doing so, this paper highlights that in order for traditional knowledge to be protected effectively either within the prevailing intellectual property regime or by a separate regime, the bargaining power of developing countries must be strengthened. The paper argues that efforts to respect, protect, and understand traditional knowledge will increase the need for intellectual property systems in developing countries, where such systems are currently weak. On the other hand, this article also suggests that forcing the prevailing Western intellectual property rights upon developing countries without respecting the rights in traditional knowledge may have counterproductive results.

Part I details the lifestyle of the people targeted by this paper. Part II describes the various intellectual property systems and the difficulties involved in trying to fit traditional knowledge within one of the prevailing systems or any combination of the prevailing intellectual property systems. This part also explores the prospect of protection through a sui generis mechanism. The object is to focus on the theoretical as well as the practical difficulties in attempting to protect traditional knowledge. Part III details the various international agreements regarding intellectual property in order to highlight the international activities of indigenous people. The slow recognition of the intellectual property rights in the traditional knowledge is traced and evaluated critically. This part concludes that none of the efforts have produced satisfactory results. Part IV examines the responses of courts in various jurisdictions to traditional knowledge issues in order to highlight the difficulty in recognizing and protecting such property rights. It argues that prevailing intellectual property regime is incapable of fitting the emerging issues within its mold. It also argues that there are inherent biases in protecting traditional knowledge. Part V highlights the efforts made by individual countries toward protecting traditional knowledge.

Abstract:
The global move towards a trade regime has been impeded by challenges of poverty and health crisis for the developing nations. Until now, the developed nations have touted the establishment of a trade regime as envisaged under TRIPS as the solution for the national challenges. This paper examines the effectiveness of TRIPS as a mechanism to move towards a trade regime. It argues that the patent policy in TRIPS cannot gear the world towards patent harmonization but can potentially adversely impact the developed nations and the post-world war trade structure. The impediments affecting the effectiveness of TRIPS as a harmonizing mechanism are identified to enable the chartering of a future strategy. This paper discusses the impact of the current WTO patent policy on the developed nation and the post-world war trade structure. The impediments affecting the effectiveness of TRIPS as a harmonizing mechanism are identified to enable the chartering of a future strategy. The paper distinguishes itself from other contributions on this subject by focusing on the impact on developed nations.

The imminence for creating long-term strategies for harmonizing trade regimes is highlighted by the failure of TRIPS in pharmaceutical patents and the legitimization of the generic drug industry vide the Doha Declaration. Using India and Brazil as case studies, this paper emphasizes that future trade regimes should create enforceable contracts. The agenda should focus on empowering the third world to become trade partners rather than to merely use third world as a means to prevent international trade distortions. The flexibilities within the international intellectual property rules need to be fully explored to enable nations to use them as ingredients for economic development. The American patent regime itself embodies lessons in effective use of flexibilities to encourage industrial development. Solutions ranging from sectoral harmonization to integrating trade issues with other areas like health and environment should be fully explored.

International policies furthering trade should pave a solution for developing nations to reconcile fundamental infrastructure issues. Global policies should dictate the need for sensitivity and awareness of national issues - an element lacking in TRIPS - to evolve economic changes affecting trade favorably. Taking account of and providing solution to issues that nations are bound to face in transitioning towards a global regime is the key to forge harmonization. In fulfilling international obligations, countries need to benefit nationally either economically or by solving key issues.

patent, international patent, health law

Abstract:
The paper is premised on the idea that the future course of international law will be impacted by the United States' ability to adhere to international treaties to which it is a signatory. Hence, the current administration bears a responsibility to avoid unwisely stretching, distorting, or avoiding the principles of international law for short-term gain in a manner that jeopardizes long-term sustainable policy. The United States should be wary of creating a dangerous precedent - not only for the world, but for itself. If the United States shirks from or misinterprets international legal principles, it leaves the forum open for other nations to avoid their responsibilities under international law. Similarly, the exceptions created by the United States to the applicability of the Geneva Conventions may be detrimental to the interests of United States military personnel in future conflicts.

With this background, this Article focuses on the legal status of the detainees from Afghanistan and Iraq under the Geneva Conventions. The Article examines the Geneva Conventions' applicability to the war on terror and outlines the Convention status of the detainees. Secondarily, this Article reviews the restrictions against torture under the Convention on Torture and the Geneva Conventions. Further, the article analyzes whether the United States' alleged treatment of detainees of the war on terror violates the Geneva Conventions, the Convention on Torture, and customary international law. The article concludes that the United States' application of international conventions to the detainees of the war on terror threatens not only to jeopardize respect for the international rule of law, but to reduce its standing in the international community and to endanger its own military personnel captured by an enemy in future conflicts.

Geneva convention, torture, Iraq, Afghanistan, international law

Abstract:
The Trade Related Aspects of Intellectual Property Rights ("TRIPS") requires developing nations to harmonize patent regimes as a means to achieve stronger industrial growth. Countries, however, need to adopt effective patent procedures in order to successfully institute a patent regime. In spite of this, international treaties like TRIPS do not properly assist developing nations in establishing appropriate procedural mechanisms capable of complimenting a sophisticated patent regime. Consequently, developing nations may embrace ineffective patent procedures that can eventually further limit industrial growth despite establishing a TRIPS compliant patent regime. The paper uses India as a case study to demonstrate the detriments of not instituting appropriate patent procedures assuming India embraces a product patent regime as required under TRIPS. Then, the paper contrasts the procedural mechanisms established in patent regimes of developed nations such as the United States and, to a lesser extent, the European Union. The solution for patent harmonization lies in adequately complimenting patent regimes by equipping developing nations with appropriate and flexible procedural tools, based on national needs, to ultimately encourage local invention.

Patent, international patent, TRIPS

Abstract:
This paper examines the obligations in TRIPS with respect to introducing plant breeders' rights (PBRs) in developing and least developed nations. Furthermore, the article examines the effect of introducing plant variety protection in the context of other policies that impact agriculture. Without addressing directly whether protection of PBRs is justified, this paper makes two arguments. First, the flexibility embedded in Article 27.3 of TRIPS to adopt sui generis systems of protecting PBRs will be defeated if UPOV is deemed to be either a mandatory requirement or if UPOV establishes the minimum standards for a sui generis PBRs system because UPOV is an ineffective mechanism for protecting plant varieties. Second, notwithstanding UPOV, agricultural subsidies will offset any benefits likely to flow to nations introducing PBRs. The effect of agricultural subsidies can be detrimental to the prevailing economic conditions in nations that newly introduce plant variety protection. The immense shortage of food in some developing nations creates the need to be cautious before introducing any mechanism that may upset the status quo. The paper concludes that for developing nations to accrue meaningful benefits, reforms in agricultural subsidies should precede introduction of PBRs. Developing nations, considering the 2005 deadline for TRIPS compliance, should seek an extension of the transitional period for compliance with the plant variety protection requirement under Article 27.3 until completion of the negotiations of the Cancun issues on agriculture.

intellectual property, agriculture, plant vareity protection, agricultural subsidies

Abstract:
Ten years ago, the TRIPs Agreement set a distinct tone in international law by requiring members to prioritize international trade obligations as a means to achieve national goals. Within the next five years, the AIDS crisis highlighted that compromising pressing national responsibilities - like a looming public health crisis - to fulfill international obligations may, in fact, detrimentally affect international trade. Meanwhile, access to medication continues to be an unresolved issue even as we celebrate the tenth anniversary of TRIPs and the end of the transitional period. This Article suggests that the success of TRIPs depends on its ability to address national responsibilities that impedes members from fulfilling international obligations. In this context, the Article analyzes policy options embraced by countries like India, which prioritized national responsibilities in its quest to appear on the global trade map.

TRIPS, India, process patent regime, historical review, international trade

Abstract:
The paper analyses the international impact of the approval by the United States Supreme Court to use indirect price control mechanisms to tackle public health and Medicaid issues. It traces similarities in policies implemented by the United States and those it opposed within developing nations. For example, the recent use by the developed nations of compulsory licensing and price control mechanisms, which they opposed as violating TRIPS when used by developing nations, underlines a poverty penalty suffered by developing nation signatories of TRIPS. In effect, TRIPS exempts developed nations from fulfilling obligations developing nations were forced to fulfill and thus punishes poor nations for being poor. The poverty penalty, resulting from developing nations being forced to undermine their sovereign national responsibilities, has highlighted the inability of TRIPS to seek equivalent behavior from all parties.

The poverty penalty is quantified as the economic value developing nations lost due to national issues becoming international emergencies. Developing nations owe the sufferance from poverty penalty to their dependency on trade with the developed countries. The sufferance of the poverty penalty by developing nations was meant to further global trade by benefiting the pharmaceutical industry. This paper establishes that the poverty penalty has in fact resulted in an opportunity cost to the pharmaceutical industry. Further, the economic loss to global trade and the pharmaceutical industry from developing nations being deprived of medication will far exceed the benefits from interpreting TRIPS inflexibly. Hence, the interests of IP harmonization and the pharmaceutical industry will best be served by eliminating the poverty penalty by taking cognizance of the sovereign national responsibilities of developing nations.

TRIPS, price control, patent, compulsory licensing, developing nations, pharmaceutical, Medicaid cases