"The TRIPS Agreement represents the first international measure to harmonize 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 re-balance 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.

QUESTION:
“The TRIPS Agreement represents the first international measure to harmonize 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 re-balance 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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WORD LIMIT – 3500 words (maximum)
The word limit does not include footnotes, appendices or bibliography. Footnotes must be used for references only. Any narrative or description contained within footnotes or appendices will be disregarded by the marker. References must be made in OSCOLA format.

The following rules apply to word limits for the coursework assessment:
a. Word count includes everything in the main body of the text (including headings, tables, citations, quotes, lists, etc.).
b. The references, footnotes (provided footnotes only include references) and bibliography are NOT included in the word count.
c. There is no penalty for exceeding the word count but the marker WILL stop reading once the word limit has been reached and nothing further will be taken into account in the allocation of marks. Therefore students will be penalised for a failure to be concise and for failing to conclude their work appropriately.
d. The word count needs to be clearly and correctly stated on the title page of the assignment. Incorrectly understating the word count constitutes an assessment offence and may result in further action.

– Coursework must be submitted in MS Word format. All work must be word processed in 12 point font Times New Roman or Ariel and double spaced.

 

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