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Patent and Trade Disparities in Developing Countries$
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Srividhya Ragavan

Print publication date: 2012

Print ISBN-13: 9780199840670

Published to Oxford Scholarship Online: September 2012

DOI: 10.1093/acprof:oso/9780199840670.001.0001

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The Missing Piece of the Trips Puzzle: Procedural Mechanisms

The Missing Piece of the Trips Puzzle: Procedural Mechanisms

(p.145) 5 The Missing Piece of the Trips Puzzle: Procedural Mechanisms
Patent and Trade Disparities in Developing Countries

Srividhya Ragavan

Oxford University Press

This chapter tries to explain what happens when there is substantive harmonization that lacks proper procedural support. It studies the assertion that even after countries become fully compliant to TRIPS, there will still be a decrease in research and development if the proper procedural techniques are not established. This chapter uses India as an example in order to demonstrate clearly this paradox. It analyzes how research and development may be negatively affected when structural harmonization is separated from procedural mechanisms. It also addresses two main time periods, namely the pre-TRIPS patent regime and the post-TRIPS patent regime.

Keywords:   substantive harmonization, procedural support, research and development, procedural techniques, structural harmonization, pre-TRIPS, post-TRIPS

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