International Intellectual Property Law

International Intellectual Property Law

QUESTION:

“The TRIPS Agreement represents the first international measure to harmonise substantive patent provisions. Unfortunately this was predominantly for the benefit of developed countries at the expense of developing and least developed countries. The Nagoya Protocol attempts to rebalance that arrangement for traditional knowledge. A similar settlement is required to balance patent protection and the right to public health.”

Critically evaluate this statement with regard to substantive patent protection, the right to public health and the protection of traditional knowledge

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