Theme #2: Regional and national 'public interest' rules that diverge from consensus-based international standards should be scientifically and economically justified, should not discriminate between technologies and products incorporating them based on whether they employ a proprietary or non-proprietary business model, and should not otherwise unnecessarily burden, curtail or impose obstacles to the market access of such products, or the exercise and/or use of underlying intellectual property rights and/or assets.
Regional and national regulations promulgated to ensure universal access to healthcare, environmental, and information and communication technologies, the products in which they are incorporated, and the proprietary intellectual property (including related undisclosed technical information and know-how) underlying them at concession rate prices, can effectively constitute indirect regulatory 'takings' (indirect expropriations) of exclusive private property rights in contravention of international, regional and bilateral trade and investment agreements, especially when they are enacted for other than a bona fide legitimate public policy (disguised protectionist) purpose.
ITSSD Programs - Theme #2 (2014)
Strong Intellectual Property Right Protections
INSTITUTE FOR TRADE, STANDARDS AND SUSTAINABLE DEVELOPMENT