Intellectual Property

Article 10 of the Berne Convention and the Three Step Test (Part 5)

In my last post, I examined the interface between Article 10(1) of the Berne Convention and the Three Step Test. In this post, the last in this series, I will examine the interface between Article 10(2) of the Berne Convention and the Three Step Test. In this regard, I will be drawing on a forthcoming… Continue reading Article 10 of the Berne Convention and the Three Step Test (Part 5)

Intellectual Property

Article 10 of the Berne Convention and the Three Step Test (Part 4)

In this post, I intend to examine the interface between Article 10(1) of the Berne Convention and Article 13 of the TRIPS Agreement. In this regard, I will be drawing extensively on a recent paper by Tanya Aplin and Lionel Bently titled, ‘Displacing the Dominance of the Three-Step Test: The Role of Global, Mandatory Fair… Continue reading Article 10 of the Berne Convention and the Three Step Test (Part 4)

Intellectual Property

Article 10 of the Berne Convention and the Three Step Test (Part 3)

In my last post, I examined the interface between Articles 9(2) and 10 of the Berne Convention. In that post, I concluded with the view that Article 10 is distinct from and not subject to the requirements of Article 9(2) of the Berne Convention. I also raised a question about the impact of Article 13… Continue reading Article 10 of the Berne Convention and the Three Step Test (Part 3)

Intellectual Property

Article 10 of the Berne Convention and the Three Step Test (Part 2)

In my previous post, I introduced Article 10 of the Berne Convention. In this post, I want to focus on Article 9(2) of the Berne Convention which contains what has become known as the three step test. Article 9(2) of the Berne Convention provides that: “It shall be a matter for legislation in the countries… Continue reading Article 10 of the Berne Convention and the Three Step Test (Part 2)

Intellectual Property

Article 10 of the Berne Convention and the Three Step Test (Part 1)

I want to start a series of posts on the relationship between Article 10 of the Berne Convention and the ‘Three Step Test.’ The Berne Convention for the Protection of Literary and Artistic Works (simply known as the Berne Convention) is the first multilateral agreement on copyright and it has been revised a number of… Continue reading Article 10 of the Berne Convention and the Three Step Test (Part 1)

Business and Human Rights · Human Rights

Is a Treaty on Business and Human Rights Logically & Politically Plausible?

In October 2015, I blogged about the proposed binding treaty on business and human rights and in that post I questioned the rationale behind the proposed treaty. Well, it appears that the proponents of the proposed treaty are not about to give up any time soon. The third session of the Intergovernmental Working Group that… Continue reading Is a Treaty on Business and Human Rights Logically & Politically Plausible?

Intellectual Property

India’s Intellectual Property Policy and Human Rights

Last week, the Indian government released its much awaited National Intellectual Property Rights Policy. As stated in the document, the rationale behind the policy ‘lies in the need to create awareness about the importance of  IPRs as a marketable financial asset and economic tool.’ This rationale is clearly reflected in some of the objectives contained… Continue reading India’s Intellectual Property Policy and Human Rights

Intellectual Property

Framing India’s Alleged Assurances on Compulsory Licences as a Human Rights Issue

India’s patent regime is in the news again. This time, there have been reports that the Indian government has ‘privately assured’ the US-India Business Council (USIBC) that ‘ it would not use Compulsory Licenses for commercial purposes.’ To be sure, the Indian government, through its Ministry of Commerce and Industry, has issued a ‘clarification‘ to the… Continue reading Framing India’s Alleged Assurances on Compulsory Licences as a Human Rights Issue

Business and Human Rights

GSK’s Plan to Improve Access to Medicines in Developing Countries

In a press release published on its website today, GSK has announced a series of measures that, if implemented, could help to improve access to medicines in developing countries. According to GSK, it is ‘evolving its graduated approach to filing and enforcing patents so that IP protection reflects a country’s economic maturity.’ Essentially, under this graduated… Continue reading GSK’s Plan to Improve Access to Medicines in Developing Countries