Is Rich and Poor Uniform in Patent Law

Thalib, Abd (2017) Is Rich and Poor Uniform in Patent Law. In: The 3rd PROCEEDING “Legal Development in Various Countries”, 5 September 2017, Faculty of Law, Sultan Agung Islamic University, Semarang, Indonesia. (In Press)

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Abstract

One of the purposes of the Trans ‐Pacific Partnership (TPP) is to harmonize standards and create a uniform climate for trade and investment. As lawmakers deliberate the terms of the deal, they must consider what the long‐term impact of agreeing to its sweeping provisions will be. As they do so, they should keep in mind that the gaps between the agreed ‐upon principles and local implementation, and the differences between local implementationsome of them by design are often quite great. Drawing upon the existing literature, this short essay provides a survey of the extent of harmony and disharmony in the 23 years that have passed since ratificationo f the TRIPS agreement, with a focus on its patent provisions. In 1994, the U.S. passed the Uruguay Round Agreement Act, legislation that implemented several changes to domestic patent law required by TRIPs. Although opinions, especially those of developing nations, debate the fairness of TRIPs, the Agreement represents an effective balance among competing interests and a major step towards world patent law harmonization.

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