摘要:
This thesis aims to provide a clear legislative roadmap for implementing the TRIPS Agreement in Bangladesh to protect its national interest in the medicine, seed and software industries. Besides examining the need for changes in the existing patent regime of Bangladesh, this study seeks to identify changes necessary in the laws and policies relevant to the medicine, seed and software industries, and the technology transfer from developed countries within the scope of the TRIPS Agreement. This thesis argues that Bangladesh can successfully use the TRIPS Agreement's flexibilities in implementing its provisions through patent law to protect the medicine and software industries, establish an effective sui generis system to protect the seed industry, harmonizing the legal regimes relevant to these sectors through changes in the patent regime. Using this argument, the thesis identifies the modes of incorporation of flexibilities such as compulsory license, research exception and Bolar provisions, exhaustion of rights and parallel import, and exhaustion of rights and parallel exports, and the provisions for implementing Article 27 of TRIPS through Bangladesh's patent law in protecting its national interest on medicine. Similarly, this study explores an effective sui generis system for implementation of Article 27.3 (b) of the TRIPS agreement to protect the seed industry of Bangladesh and to preserve farmers' rights by striking a balance with the commercial interests of multinational corporations (MNCs). The relevant legal and policy regimes of medicine and software have also been examined to identify the necessary changes for harmonizing with the TRIPS agreement. Finally, this thesis investigates the viability of software patenting for Bangladesh in the global context to protect its software industry, and to recommend the changes required in its relevant patent and legal regimes. Based on the argument developed in this thesis, the implementation mechanism of Article 66.2 o