Wto Dispute Settlement And The Trips Agreement
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Wto Dispute Settlement And The Trips Agreement
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Author : Matthew Kennedy
language : en
Publisher: Cambridge University Press
Release Date : 2016-04-21
Wto Dispute Settlement And The Trips Agreement written by Matthew Kennedy 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 2016-04-21 with Law categories.
Matthew Kennedy exposes the challenges created by the integration and independence of TRIPS within the WTO.
Wto Dispute Settlement And The Trips Agreement
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Author : Matthew Kennedy
language : en
Publisher: Cambridge University Press
Release Date : 2018-12-20
Wto Dispute Settlement And The Trips Agreement written by Matthew Kennedy 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 2018-12-20 with Law categories.
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.
25 Years Of The Trips Agreement
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Author : Christopher Heath
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2021-12-17
25 Years Of The Trips Agreement written by Christopher Heath 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 2021-12-17 with Law categories.
When the TRIPS Agreement was concluded in 1994, many saw it as embodying a new gold standard of intellectual property protection that not only reformed the Paris and Berne Conventions but also made further IP agreements unnecessary. Although this optimistic vision has eroded – obligations to protect IP rights can now be found in trade agreements and can be enforced before domestic courts and investor–state tribunals – the Agreement continues to pervade trends and developments in international law, not only in IP but in trade law also. This comprehensive commentary on the past, present, and future of the Agreement focuses on its influence on key topics in IP as well as on enforcement and dispute resolution. The editors have assembled a group of renowned IP law practitioners and academics who, taking each area of IP law, in turn, show the extent to which TRIPS provisions have survived, expanded, or been supplanted by other bodies. Their analysis covers the different IP rights addressed in the TRIPS Agreement (copyrights; trade marks; geographical indications; patents; data protection and enforcement) both in historical perspective and in their development in the last 25 years. An additional three chapters cover: most-favoured-nation obligations in regard of subsequent free trade agreements; how societal interests alter the interpretation of TRIPS obligations; the judicial role in the WTO panels and Appellate Body; minimum standards and reduction of flexibilities in IP policy; relationship of WTO/TRIPS with other international agreements. As intellectual property becomes more pervasive in society than ever before – and as both technology related to the use of IP and the way protected works are consumed have changed beyond recognition over the past 25 years – jurists, academics, and practitioners in IP and trade law will welcome this unique opportunity to test the true scope of national sovereignty in the interpretation of intellectual property rights.
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 Making Of The Trips Agreement
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Author : Jayashree Watal
language : en
Publisher:
Release Date : 2015
The Making Of The Trips Agreement written by Jayashree Watal and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Agreement on Trade-Related Aspects of Intellectual Property Rights categories.
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.
The Gatt Wto Dispute Settlement System
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Author : Ernst-Ulrich Petersmann
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 1997-02-11
The Gatt Wto Dispute Settlement System written by Ernst-Ulrich Petersmann and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997-02-11 with Political Science categories.
The GATT and WTO dispute settlement systems have become the most frequently used international mechanisms for the settlement of trade disputes among governments. The 1994 Agreement Establishing the WTO introduced a historically unprecedented new dispute settlement procedure for conflicts involving trade in goods and services, trade-related investment measures, and intellectual property rights. This procedure provided for the compulsory jurisdiction of the WTO Dispute Settlement Body, WTO Panels, and the WTO Appellate Body. The first 18 months from the time the WTO Agreement came into force on 1 January 1995 witnessed more than 50 invocations of the new dispute settlement procedures by a large number of countries, including many from the developing world. This large response, and the proposals for further extending the scope of WTO law, suggest that the WTO dispute settlement system will continue to be the most frequently applied, worldwide systems for the legal settlement of trade disputes among governments. This book provides students, lawyers and diplomats a thought-provoking and practice-oriented analysis of the GATT/WTO dispute settlement rules, procedures, and problems. The Annexes include a useful collection of relevant texts and tables of past GATT and WTO case law.
An International Law Perspective On The Protection Of Human Rights In The Trips Agreement
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Author : Ping Xiong
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2012-03-20
An International Law Perspective On The Protection Of Human Rights In The Trips Agreement written by Ping Xiong and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-03-20 with Law categories.
This book offers an analysis of the interpretation of the WTO TRIPS Agreement and its impact on the right to health. It furthers understanding of WTO jurisprudence and researches the topic in a broad framework of international law. It examines the extent to which the patent protections in the TRIPS Agreement are consistent with the right to health, and in particular with access to medicine. It helps to underpin an understanding of the relationship between human rights law and intellectual property law – specifically between the right to health and patent protection. It usefully analyses the relationship between TRIPS and the right to health and develops an understanding of interpretive techniques for use within WTO dispute settlement.
A Practical Guide To Working With Trips
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Author : Antony Taubman
language : en
Publisher: Oxford University Press
Release Date : 2011-04-07
A Practical Guide To Working With Trips written by Antony Taubman 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 2011-04-07 with Law categories.
A brief and accessible guide to the practical workings of the TRIPS agreement, this book offers a unique account of how the international rules of intellectual property function in practice within a broader legal framework that consists of WTO law and dispute resolution procedures.
Agreement Between The World Intellectual Property Organization And The World Trade Organization 1995
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Author : World Intellectual Property Organization
language : en
Publisher: WIPO
Release Date : 1996
Agreement Between The World Intellectual Property Organization And The World Trade Organization 1995 written by World Intellectual Property Organization and has been published by WIPO this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Agreement on Trade-Related Aspects of Intellectual Property Rights categories.
Provisions mentioned in the TRIPS Agreement of the Paris Convention (1967), the Berne Convention (1971), the Rome Convention (1961), the Treaty on Intellectual Property in Respect of Integrated Circuits (1989), the General Agreement on Tariffs and Trade 1994 (GATT) and the WTO Dispute Settlement Understanding (1994).
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.