Enforcement of Intellectual Property Rights under the TRIPs Agreement: The Case of Seizing Generic Pharmaceuticals in Transit
Introduction
The issue of seizing shipments of generic pharmaceuticals in transit offers the opportunity for rich legal analysis into an underexplored, yet increasingly important, area of both the TRIPS Agreement and the GATT. The focus of this presentation was on the legal analysis of the issues surrounding the EU’s continuing detention of generic pharmaceuticals for alleged patent infringement. Interestingly, the goods at issue are patented neither in the country of export nor in the country of final destination. Nor are the goods subject to a compulsory licence. The question thus becomes whether these actions violate any WTO obligations. Focusing on the principles of treaty interpretation, the presentation will investigate whether the TRIPS Agreement could be interpreted so as to maximise ‘flexibilities’ and significantly constrain attempts to maximize intellectual property rights and enforcement.
About the Speaker
Bryan Mercurio specializes in international economic and trade law. Author of six books and over thirty journal articles and book chapters, Professor Mercurio is a frequent commentator and speaker on a range of international trade law issues (including dispute settlement, the development and impact of free trade agreements, international intellectual property and public health). His work is cited by academicians, governments and international organizations, such as the WTO Secretariat. Professor Mercurio has advised law firms, NGOs and Members of both the Australian and New Zealand parliament on wide range of matters, including on pharmaceutical related aspects of the Australia-United States Free Trade Agreement.
Professor Mercurio is also an expert on electoral law, with the focus of much of his research on voting technologies and free & fair elections. His work and submissions have been cited with approval by Australian courts (including the High Court) and several Australian Parliamentary Committees. He has also appeared as an expert witness in a number of cases.
Prior to joining CUHK, Professor Mercurio spent five years at The University of New South Wales, Faculty of Law, where he was the Director of the International Trade and Development Project at the Gilbert + Tobin Centre of Public Law. Professor Mercurio has also held visiting positions at the Center for International and Comparative Law at St. Louis University School of Law, The George Washington University Law School, the Institute for International Economic Law at the Georgetown University Law Center and at the National University of Singapore. Prior to entering academia, Bryan worked in both the public and private sectors and practiced international commercial law and international trade law in Australia. He is currently a Fellow of the Tim Fischer Centre for Global Trade & Finance, a founding member of the Asian International Economic Law Network, an Associate Member of the Asian WTO Research Network and was on the Founding Committee of the Society of International Economic Law (SIEL). He remains on the Executive Board of the SIEL.
Presentation
To download Prof Mercurio’s presentation in PDF format, click here.