Interpreting And Implementing The Trips Agreement
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Interpreting And Implementing The Trips Agreement
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Author : Justin Malbon
language : en
Publisher: Edward Elgar Publishing
Release Date : 2008-01-01
Interpreting And Implementing The Trips Agreement written by Justin Malbon and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-01-01 with Law categories.
The chapters in this volume provide insightful analysis and commentary on TRIPS and, importantly, the TRIPS Plus world that many countries operate in. . . This is a fine contribution to the growing literature of interdisciplinary analyses of the global IP regime. . . there is enough in here that makes the book worth acquiring and reading. Scholars of development more generally will find this book to be useful both for advancing their own understanding of the global IP regime and for integrating IP into broader development studies courses they teach. Kenneth C. Shadlen, Progress in Development Studies This book considers whether the WTO agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) will become a vehicle for promoting greater international equity and engagement with the world economy or a tool for wealthy nations to extract excessive rents from poorer countries. Can TRIPS garner the necessary degree of legitimacy and public trust to deliver economic development? Can it become a key instrument for promoting international health and development? In response to these questions, the book proposes interpretive possibilities for the TRIPS text along with implementation strategies to avoid the threat of its irrelevancy due, amongst other things, to free trade agreements containing TRIPS-plus terms. The book discusses the impact of TRIPS from various perspectives, including those of developing countries. It will be of interest to informed citizens, members of NGOs and students and academics concerned with the debate about the impact of TRIPS on access to medicines at affordable prices, the protection of traditional knowledge, and the alleged neo-colonial effect of net revenue outflows from developing nations to developed nations for copyright and patent royalties.
Intellectual Property And International Trade The Trips Agreement
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Author : Carlos M. Correa
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2016-06-27
Intellectual Property And International Trade The Trips Agreement written by Carlos M. Correa and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-06-27 with Law categories.
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.
Trade Related Aspects Of Intellectual Property Rights
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Author : Carlos Correa
language : en
Publisher: Oxford University Press
Release Date : 2020-07-23
Trade Related Aspects Of Intellectual Property Rights written by Carlos Correa and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-07-23 with Law categories.
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.
Interpreting And Implementing The Trips Agreement
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Author : Justin Malbon
language : en
Publisher:
Release Date : 2008
Interpreting And Implementing The Trips Agreement written by Justin Malbon and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with categories.
A Handbook On The Wto Trips Agreement
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Author : Antony Taubman
language : en
Publisher: Cambridge University Press
Release Date : 2012-04-26
A Handbook On The Wto Trips Agreement written by Antony Taubman and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-04-26 with Law categories.
This handbook provides a comprehensive and non-technical explanation of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), later legal instruments, current policy issues and the relationship between TRIPS and public health. It is aimed at an audience including government officials and policy-makers, non-governmental organizations, academics and students.
The Implementation Game
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Author : Carolyn Deere
language : en
Publisher: OUP Oxford
Release Date : 2011-06-16
The Implementation Game written by Carolyn Deere and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-06-16 with Political Science categories.
With the launch of the World Trade Organization (WTO) in 1995, its Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) emerged as a symbol of coercion in international economic relations. In the decade that followed, intellectual property became one of the most contentious topics of global policy debate. This book is the first full-length study of the politics surrounding what developing countries did to implement TRIPS and why. Based on a review of the evidence from 1995 to 2007, this book emphasises that developing countries exhibited considerable variation in their approach to TRIPS implementation. In particular, developing countries took varying degrees of advantage of the legal safeguards and options-commonly known as TRIPS 'flexibilities'-that the Agreement provides. To explain this variation, this book argues that TRIPS implementation must be understood as a complex political game played out among developing country governments and a range of stakeholders-developed countries, non-governmental organisations (NGOs), intergovernmental organisations (IGOs), and industry groups. The contested nature of the TRIPS bargain spurred competing efforts to revise the terms of TRIPS and to influence global IP regulation more broadly. The intensity of the implementation game was amplified by an awareness among the various stakeholders that the IP reforms developing countries pursued would influence these ongoing international negotiations. The book attributes the variation in TRIPS implementation to the interplay between these global IP debates, international power pressures, and political dynamics within developing countries. The book includes historical analysis, compilations of evidence, and analysis supported by examples from across the developing world. The Implementation Game will be of interest both to scholars of international relations, law, and international political economy as well as to policymakers, commentators, and activists engaged in debates on the global governance of intellectual property.
The Wto Dispute Settlement System 1995 2003
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Author : Federico Ortino
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2004-01-01
The Wto Dispute Settlement System 1995 2003 written by Federico Ortino and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-01-01 with Law categories.
In its ten years of existence, the World Trade Organization (WTO) dispute settlement system has continued to differentiate itself in many ways from more conventional international judicial proceedings such as those before the International Court of Justice (ICJ) or regional integration courts. The regular participation of third parties, the emphasis at all levels of the ?ordinary meaning? of the text of WTO rules, and the raft of proposed amendments to the Dispute Settlement Understanding (DSU) all characterise WTO jurisprudence. In twenty-six incisive contributions, this book covers both the ?legislative? and ?(quasi) judicial? activities encompassed by the WTO dispute settlement system. Essays concerned with rules emphasise proposed improvements and clarifications in such areas as special and differential treatment of less-developed countries, surveillance of implementation, compensation, and suspension of concessions. Other contributions discuss such jurisprudential and practical issues as discrimination, trade-related environmental measures, subsidies and countervailing measures, and trade-related intellectual property rights. The authors refer frequently to the panel, Appellate Body and arbitration reports, a chronological list of which appears as an annex. The contributors include WTO arbitrators, members of the WTO Appellate Body, WTO panelists, and academics from a broad spectrum of countries engaged as legal advisers by the WTO, by governments, or by non-governmental organisations. More than a mere snapshot of the current status of the WTO dispute settlement system, this outstanding work represents a comprehensive analysis that brings a fast-moving and crucially significant body of international law into sharp focus.
Treaty Interpretation Under The Vienna Convention On The Law Of Treaties
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Author : Chang-fa Lo
language : en
Publisher: Springer
Release Date : 2017-10-31
Treaty Interpretation Under The Vienna Convention On The Law Of Treaties written by Chang-fa Lo and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-31 with Law categories.
This book is devoted to an idea of a second round of codification of certain new rules for treaty interpretation. Currently, treaty interpretation is guided by Articles 31 through 33 of the Vienna Convention on the Law of Treaties (VCLT). The fundamental rule is that a treaty shall be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of its object and purpose. These rules lay the foundation for treaty interpretation. They represent the first round of codification of the contents of some previous customary international law rules. The book argues that the current rules are overly simplified. After almost fifty years of codification of the VCLT, the codified text in it is practically insufficient in addressing some traditional treaty interpretation issues (such as the interpretation involving time factors or technology development) and in coping with some new development of international law (such as the diversification and fragmentation of international treaties) and new challenges (such as the need of coordination between different treaties and the need of introducing external values, including human rights, into a treaty through treaty interpretation process). The book further argues that there is a need to have a second round of codification so as to incorporate new rules into the VCLT to be followed by treaty interpreters to make treaty interpretation more consistent and transparent, and more in line with the shared value of international community. The book proposes the contents of certain new rules to be considered as the new codified rules for treaty interpretation.
Resource Book On Trips And Development
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Author :
language : en
Publisher: Cambridge University Press
Release Date : 2005-04-07
Resource Book On Trips And Development written by and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-04-07 with Law categories.
It is a guide to the WTO's Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).
The World Trade Organization
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Author : International Trade Law Center
language : en
Publisher: Springer Science & Business Media
Release Date : 2007-12-31
The World Trade Organization written by International Trade Law Center and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-12-31 with Law categories.
The editors have succeeded in bringing together an excellent mix of leading scholars and practitioners. No book on the WTO has had this wide a scope before or covered the legal framework, economic and political issues, current and would-be countries and a outlook to the future like these three volumes do. 3000 pages, 80 chapters in 3 volumes cover a very interdiscplinary field that touches upon law, economics and politics.