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Article
Publication date: 16 March 2015

Thaddeus Manu

– The purpose of this paper is to examine the extent to which developing countries could build national initiatives of compulsory licences.

Abstract

Purpose

The purpose of this paper is to examine the extent to which developing countries could build national initiatives of compulsory licences.

Design/methodology/approach

The focus of this article is only on developing countries. The author reflects on the Indian patent jurisprudence regarding the operational relationship between the general principles applicable to working of patented inventions locally and the grant of compulsory licences. The discussion that follows is based on a review of the case: Bayer Corporation versus Natco Pharma with a view to presenting a model for developing countries to maintain that the public interest principle of patent law is well-founded in their domestic patent regimes.

Findings

The analysis confirms that failure to work locally continues to be abusive of the patent right under the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement, and remains a valid condition on which to grant a compulsory licence. Thus, this reverses the often-contrary misconception that has become almost a unanimous assumption that failure to work basis for granting compulsory licensing would violate Article 27(1) of TRIPS and its enforcement provisions on patent.

Originality/value

The author argues that as no member state has challenged the legality of Indian’s decision in the World Trade Organisation, under the dispute settlement understanding (DSU) system is more supportive of the contention that failure to work locally continues to be permissible under TRIPS and remains valid conditions on which member states can grant compulsory licences. This further adds weight to the understanding that nothing in the light of TRIPS would, in fact, preclude any possibility of developing countries amending their patent laws accordingly to maintain that the public interest principle underlining patent law is well-founded in their domestic patent regimes.

Details

Journal of International Trade Law and Policy, vol. 14 no. 1
Type: Research Article
ISSN: 1477-0024

Keywords

Article
Publication date: 1 June 2012

Sinikka Moilanen

The purpose of this paper is to examine how a parent company ensures reliable accounting information from its subsidiaries located in a significantly different environment…

1128

Abstract

Purpose

The purpose of this paper is to examine how a parent company ensures reliable accounting information from its subsidiaries located in a significantly different environment, analyzing the process and its outcomes.

Design/methodology/approach

The paper employs the conceptualization of management control as a loosely‐coupled system to explore the integration of accounting‐related work between a parent company and subsidiaries. Three Western firms and their subsidiaries in the territory of the former Soviet Union are studied, focusing on the couplings between different elements of control and their outcomes, and taking accounting as an object and element of control.

Findings

The results show how other elements of control can steer accounting‐related work. As the organizational structures made possible personnel controls in the form of informal training in accounting, results controls were responsive to these personnel controls. This constructed common models of thinking, meaning that cultural controls were responsive to results controls. The responsiveness also supports generative learning, since accounting‐related training includes and introduces Western business thinking.

Originality/value

The findings show that loose couplings within management control systems may lead to generative learning due to the rules imposed by the parent company. Elaborating the dual role of accounting as an object and element of control illustrates a relationship different from the earlier view that loose coupling between parent's rules and what is locally done tends to foster local stability based on preservation of existing ways of thinking, i.e. adaptation instead of adaptability.

Details

Journal of Accounting & Organizational Change, vol. 8 no. 2
Type: Research Article
ISSN: 1832-5912

Keywords

Article
Publication date: 8 May 2017

M. Monirul Azam

This paper aims to analyse the impacts of the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS Agreement) as adopted by the World Trade Organization (WTO…

Abstract

Purpose

This paper aims to analyse the impacts of the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS Agreement) as adopted by the World Trade Organization (WTO) on the pharmaceutical regulation and pricing of drugs in Bangladesh. The purpose of this paper is to explore how Bangladesh could adjust obligations for patent and pharmaceutical law reforms in the context of TRIPS Agreement while maintaining societal goals to ensure access to medicines. Another prime objective of this study is to examine viability of arguments regarding pharmaceutical patents for affordability and accessibility of pharmaceuticals in Bangladesh.

Design/methodology/approach

This paper used doctrinal research and case study using surveys and interviews in Bangladesh to understand the perceptions of different stakeholders regarding TRIPS and possible impacts on the local pharmaceutical industry and also consequences as to access to pharmaceuticals in terms of pricing, availability and affordability.

Findings

This study suggests that in the case of Bangladesh, the main health bottleneck is not patents or any drugs, but the lack of proper healthcare service, health infrastructure and lack of efficient healthcare personnel. Again, most of the necessary drugs for the local market are off patent, but patented drugs, issues of price, availability and affordability could become a concern for Bangladesh in situation of multi-drug resistance and for diseases like HIV AIDS, cancer and cardio-vascular problems.

Research limitations/implications

This study was based on randomly selected interview and surveys. To get a broader picture of the impacts of TRIPS compliant patent law and pharmaceutical patents in a country like Bangladesh, more in-depth socio-legal studies need to be conducted. Due to shortage of time and resources, it was not possible to conduct broader socio-legal studies; therefore, this study may not reflect views of all related stakeholders.

Practical/implications

This paper will guide how countries like Bangladesh could adopt intellectual property policies for pharmaceuticals in a way not only adjusting societal goals for accessibility and affordability of pharmaceuticals but also promoting innovation and capability of local industries.

Social/implications

Countries like Bangladesh should adopt intellectual property policies balancing not only investment and innovation side but also societal goals to ensure access to medicines for the vast majority of poor populations.

Originality/value

This study is an original study based on primary sources as collected during field studies in Bangladesh. It also used doctrinal research, and related materials are duly referred.

Details

International Journal of Law and Management, vol. 59 no. 3
Type: Research Article
ISSN: 1754-243X

Keywords

Article
Publication date: 7 March 2016

Young-Han Kim and Eui-Hyun Ha

Rules of origin (ROOs) are often cited as major trade barriers even after tariff barriers are removed with the formation of preferential trade agreement (PTA) as shown in a survey…

Abstract

Purpose

Rules of origin (ROOs) are often cited as major trade barriers even after tariff barriers are removed with the formation of preferential trade agreement (PTA) as shown in a survey result that a large number South Korean firms in the textile industry give up utilizing tariff-free exports to the USA after the bilateral Free Trade Agreement (FTA) due to ROOs. The purpose of this paper is to examine the impact of ROOs on the equilibrium FTA regime and the welfare effects.

Design/methodology/approach

The authors determine the impact of ROOs on the equilibrium FTA regime based on an oligopolistic model where there are asymmetry in production technologies of intermediate goods and the capacity of outsourcing intermediate goods.

Findings

The authors demonstrate that ROOs are used as a protective trade policy against the FTA member country with an outsourcing option for technologically dominant intermediate goods.

Practical implications

The non-cooperative features of ROOs found in this paper necessitates the introduction of an international coordination mechanism to avoid the prisoners’ dilemma-type implementation of ROOs.

Originality/value

This paper provides a theoretical frame to analyze the protective effects of ROOs under PTAs.

Article
Publication date: 1 June 1997

Stephen Peckham

Examines the evidence on the extent to which young people’s sexual health services contribute to the prevention of teenage pregnancy. Reports the findings of a survey of health…

2099

Abstract

Examines the evidence on the extent to which young people’s sexual health services contribute to the prevention of teenage pregnancy. Reports the findings of a survey of health, education, youth and social services, and providers of services, which was undertaken for the Department of Health. Summarizes other recent reviews of evaluations of services and young people’s sexual health services. Provides guidance for health, education, youth and social services purchasers and providers on good practice for young people’s services and identifies gaps in our knowledge where further research is needed. Argues for closer working with young people in identifying their sexual health needs and in the development and monitoring of services.

Details

Health Education, vol. 97 no. 3
Type: Research Article
ISSN: 0965-4283

Keywords

Article
Publication date: 1 February 1996

Diana Grimwood‐Jones

Traces the development of contracting out library and information services in the public sector. Looks at perceived benefits of contracting out, and notes some of the key issues…

1610

Abstract

Traces the development of contracting out library and information services in the public sector. Looks at perceived benefits of contracting out, and notes some of the key issues and implications for service delivery and staffing. One feature of this is an attempt to follow the progress of the pilot projects nominated by the Department of National Heritage; hence surveys the literature describing these. Concludes that there is still little published guidance for library managers assessing contracting out as an option or actually going through the process, and that what is available relates to local authorities rather than government departments. Ends with a checklist of actions for successful contracting out.

Details

Library Management, vol. 17 no. 1
Type: Research Article
ISSN: 0143-5124

Keywords

Article
Publication date: 7 April 2015

Richard Giulianotti

This paper aims to advance a critical analysis of corporate social responsibility (CSR) within sport. First, the author locates CSR within the wider field of sport-related social…

5001

Abstract

Purpose

This paper aims to advance a critical analysis of corporate social responsibility (CSR) within sport. First, the author locates CSR within the wider field of sport-related social activities. Second, the author identifies key issues that confront CSR in sport. Third, while referring to papers elsewhere in this issue of the journal, the author sets out future possibilities for the pursuit of CSR within sport with regards to its technical, dialogical and critical dimensions.

Design/methodology/approach

The approach taken here is a critical one, advocating CSR work and research which identifies strengths and limitations in, and explores future arrangements for, the CSR sector.

Findings

The paper finds that the CSR sector in sport should pursue a dialogical and critical practice within and through its work.

Originality/value

The originality and value of the paper lie in how the paper advances critical understanding of CSR in sport.

Details

Corporate Governance, vol. 15 no. 2
Type: Research Article
ISSN: 1472-0701

Keywords

Article
Publication date: 1 June 1999

Martin E. Smith and Pierre Mourier

Large‐scale change efforts are most likely to fail during the implementation phase. Implementation refers to the activities that take a design and make it operational. This…

2697

Abstract

Large‐scale change efforts are most likely to fail during the implementation phase. Implementation refers to the activities that take a design and make it operational. This article describes ten planning and management practices to prevent failures and, second, ten tactics for reviving stalled implementation efforts.

Details

Strategy & Leadership, vol. 27 no. 6
Type: Research Article
ISSN: 1087-8572

Keywords

Article
Publication date: 1 January 1978

The Equal Pay Act 1970 (which came into operation on 29 December 1975) provides for an “equality clause” to be written into all contracts of employment. S.1(2) (a) of the 1970 Act…

1374

Abstract

The Equal Pay Act 1970 (which came into operation on 29 December 1975) provides for an “equality clause” to be written into all contracts of employment. S.1(2) (a) of the 1970 Act (which has been amended by the Sex Discrimination Act 1975) provides:

Details

Managerial Law, vol. 21 no. 1
Type: Research Article
ISSN: 0309-0558

Article
Publication date: 1 April 2003

Georgios I. Zekos

Aim of the present monograph is the economic analysis of the role of MNEs regarding globalisation and digital economy and in parallel there is a reference and examination of some…

88455

Abstract

Aim of the present monograph is the economic analysis of the role of MNEs regarding globalisation and digital economy and in parallel there is a reference and examination of some legal aspects concerning MNEs, cyberspace and e‐commerce as the means of expression of the digital economy. The whole effort of the author is focused on the examination of various aspects of MNEs and their impact upon globalisation and vice versa and how and if we are moving towards a global digital economy.

Details

Managerial Law, vol. 45 no. 1/2
Type: Research Article
ISSN: 0309-0558

Keywords

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