The Making of the TRIPS Agreement

The Making of the TRIPS Agreement PDF

Author: Jayashree Watal

Publisher:

Published: 2015

Total Pages: 0

ISBN-13: 9789287042330

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A comprehensive account of the establishment of the World Trade Organization, focusing on those who shaped its creation as well as those who have influenced its evolution. The book examines trade negotiations, the WTO's dispute settlement role, the presence of coalitions and groupings within the WTO, the process of joining the organization and many other topics, including what lies ahead for the organization.

Trade Related Aspects of Intellectual Property Rights

Trade Related Aspects of Intellectual Property Rights PDF

Author: Carlos Correa

Publisher: Oxford University Press

Published: 2020-07-23

Total Pages: 660

ISBN-13: 0191017000

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The TRIPS Agreement is the most comprehensive and influential international treaty on intellectual property rights. It brings intellectual property rules into the framework of the World Trade Organization, obliging all WTO Member States to meet minimum standards of intellectual property protection and enforcement. This has required massive changes in some national laws, particularly in developing countries. This volume provides a detailed legal analysis of the provisions of the TRIPS Agreement, as well as elements to consider their economic implications in different legal and socio-economic contexts. This book provides an in depth analysis of the principles and of the substantive and enforcement provisions of the TRIPS Agreement, the most influential international treaty on intellectual property currently in force. It discusses the legal context in which the Agreement was negotiated, the objectives of their proponents and the nature of the obligations it created for the members of the World Trade Organization. In particular, it examines the minimum standards that must be implemented with regard to patents, trademarks, industrial designs, geographical indications, copyright and related rights, integrated circuits, trade-secrets and test data for pharmaceutical and agrochemical products. Trade Related Aspects of Intellectual Property Rights: A Commentary on the TRIPS Agreement elaborates on the interpretation of provisions contained in said Agreement, in the light of the customary principles for the interpretation of international law. The analysis -which is supported by a review of the relevant GATT and WTO jurisprudence- identifies the policy space left to such members to implement their obligations in accordance with their own legal systems and public policy objectives, including in respect of complex issues such as patentability criteria, compulsory licenses, exceptions and limitations to copyright, border measures, injunctive relief and the protection of test data under the discipline of unfair competition.

WTO Dispute Settlement and the TRIPS Agreement

WTO Dispute Settlement and the TRIPS Agreement PDF

Author: Matthew Kennedy

Publisher: Cambridge University Press

Published: 2018-12-20

Total Pages: 0

ISBN-13: 9781316507896

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The TRIPS Agreement was implemented in the WTO to gain access to a functioning dispute settlement mechanism that could authorize trade sanctions. Yet TRIPS and the WTO Dispute Settlement Understanding are based on systems that developed independently in WIPO and GATT. In this book, Matthew Kennedy exposes the challenges created by the integration and independence of TRIPS within the WTO by examining how this trade organization comes to grips with intellectual property disputes. He contrasts the way intellectual property disputes between governments have been handled before and after the establishment of the WTO. Based on practical experience, this book provides a comprehensive review of the issues that arise under the DSU, TRIPS, GATT 1994 and other WTO agreements in intellectual property matters. These range from procedural pitfalls to substantive treaty interpretation and conflicts as well as remedies, including cross-retaliation.

Resource Book on TRIPS and Development

Resource Book on TRIPS and Development PDF

Author: Unctad-ictsd

Publisher:

Published: 2005

Total Pages: 829

ISBN-13: 9781139444972

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NAture of obligations, principles and objectives; Substantive obligations; Intellectual property rights and competition; Enforcemente, maintenance and acquisition of rights; Interpretation and dispute settlement and prevention; Transitional and institutional arragements.

From GATT to TRIPs

From GATT to TRIPs PDF

Author: Friedrich-Karl Beier

Publisher: Wiley-VCH

Published: 1996-09-26

Total Pages: 512

ISBN-13:

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The "Agreement on Trade-Related Aspects of Intellectual Property Rights" of 1994 constitutes a milestone in the international protection of these rights and the most far-reaching agreement to follow upon the venerable Paris and Berne Conventions. Under the aegis of the newly established World Trade Organization, international intellectual property protection has for the first time been linked to trade policy issues. The TRIPs Agreement also obliges its Members as regards the enforcement of rights and dispute settlement. This volume in the IIC Studies series undertakes a comprehensive analysis of all the fields of industrial and intellectual property law regulated and affected by TRIPs. It is an indispensable tool for lawyers, practitioners and scholars in this area.

Intellectual Property and International Trade: The TRIPS Agreement

Intellectual Property and International Trade: The TRIPS Agreement PDF

Author: Carlos M. Correa

Publisher: Kluwer Law International B.V.

Published: 2016-06-27

Total Pages: 586

ISBN-13: 9041166580

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The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is the most far-reaching and comprehensive legal regime ever concluded at the multilateral level in the area of intellectual property rights (IPR). Compared to prior IPR conventions, TRIPS constitutes a major qualitative leap which radically modifies not only the context in which IPR are considered internationally, but also their substantive content and the methods for their enforcement and dispute settlement. This much-welcomed treatise, now in its third edition, thoroughly updates its comprehensive analysis of the substantive provisions of the Agreement and their actual interpretation and application in different jurisdictions, with new material on the burgeoning case law and on major changes in plant variety protection. As in previous editions, the book may be relied upon for in-depth clarification of such matters as the following: • standards established under the agreement; • enforcement measures; • social and legal issues; • legal and policy possibilities offered; • legislative latitude allowed to WTO Member States; • incorporation of TRIPS into domestic law; • protection of integrated circuit design; • protection of innovation and R&D for diseases that disproportionately affect developing countries; • challenges raised by ongoing technological changes; • access to medicines; • protection of confidential (undisclosed) information; and • interface between competition law and intellectual property protection. With fifteen chapters contributed by a distinguished panel of experts representing diverse parties — international organisations, legal practice, government policy, and academia — the third edition offers an incomparable framework for understanding the background, principles, and complex provisions of the TRIPS Agreement. Thoroughly revised and updated, the third edition will be of great value to all professionals and business people concerned with international trade. It stimulates further discussion and analysis in this area of growing importance to international law and international economic relations, particularly regarding the possibilities offered by the Agreement and the loose ends that may need consideration in the future at the national or international level.

Agriculture and The World Trade Organisation

Agriculture and The World Trade Organisation PDF

Author: G. S. Bhalla, Jean-Luc Racine, Frédéric Landy

Publisher: Les Editions de la MSH

Published: 2008-05-05

Total Pages: 318

ISBN-13: 2735113787

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The volume offers to the reader a multi-faceted dialogue between noted experts from two major agricultural countries, both founding members of the Word Trade Organisation, each one with different stakes in the great globalisation game. After providing the recent historical background of agricultural policies in India and France, the contributors address burning issues related to market and regulation, food security and food safety, the expected benefits from the WTO and the genuine problems raised by the new forms of international trade in agriculture, including the sensitive question of intellectual property rights in bio-technologies. This informed volume underlines the necessity of moving beyond the North-South divide, in order to address the real challenges of the future.

The TRIPS Agreement Implementation in Brazil

The TRIPS Agreement Implementation in Brazil PDF

Author: Viviane Yumy Mitsuuchi Kunisawa

Publisher: Nomos Verlagsgesellschaft

Published: 2015

Total Pages: 0

ISBN-13: 9783848718979

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Brazil's insertion into the World Trade Organization (WTO) has stimulated economic growth, as the country has been benefiting from lower trade barriers. The country has accepted the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) - Annex 1C of the WTO agreement - which sets out minimum standards of protection for Intellectual Property (IP) rights. Law No. 9,279, of May 14, 1996 was enacted to comply with TRIPS, suppressed restrictions to patentable subject matter, allowing patents in the pharmaceutical field. The granting of compulsory licenses as one of the flexibilities to patent rights provided in TRIPS and in the Brazilian law plays an important role in the governmental program of free distribution of drugs for the treatment of AIDS, evidencing the complex relationship between private and public interests. This study has been conducted with use of bibliographical method, providing for an analysis of the Brazilian patent law within the framework provided by TRIPS. The provisions on patents in the pharmaceutical area and compulsory license have been chosen to serve as the main driver for such analysis. Viviane Yumy Mitsuuchi Kunisawa is a Brazilian attorney specialized in IP Law.

Private Power, Public Law

Private Power, Public Law PDF

Author: Susan K. Sell

Publisher: Cambridge University Press

Published: 2003

Total Pages: 244

ISBN-13: 9780521525398

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Analysis of the power of multinational corporations in moulding international law on intellectual property rights.