Hardback
Research Handbook on the Protection of Intellectual Property under WTO Rules
Intellectual Property in the WTO Volume I
9781847209047 Edward Elgar Publishing
This comprehensive Handbook provides an in-depth analysis of the origin and main substantive provisions of the TRIPS Agreement, the most influential international treaty on intellectual property currently in force.
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Critical Acclaim
Contributors
Contents
More Information
This comprehensive Handbook provides an in-depth analysis of the origin and main substantive provisions of the TRIPS Agreement, the most influential international treaty on intellectual property currently in force.
A uniquely qualified set of academics and experts from around the world discuss the historical context in which the Agreement was negotiated, its basic principles and the nature of the obligations it creates for WTO members. Together with the second volume – Research Handbook on the Interpretation and Enforcement of Intellectual Property under WTO Rules – it examines the minimum standards that must be implemented with regard to patents, trademarks, geographical indications, copyright and related rights, integrated circuits and test data.
This Handbook is an essential tool for scholars, researchers and advanced students in the field of intellectual property. It also provides materials of direct relevance for policymakers and legal practitioners.
A uniquely qualified set of academics and experts from around the world discuss the historical context in which the Agreement was negotiated, its basic principles and the nature of the obligations it creates for WTO members. Together with the second volume – Research Handbook on the Interpretation and Enforcement of Intellectual Property under WTO Rules – it examines the minimum standards that must be implemented with regard to patents, trademarks, geographical indications, copyright and related rights, integrated circuits and test data.
This Handbook is an essential tool for scholars, researchers and advanced students in the field of intellectual property. It also provides materials of direct relevance for policymakers and legal practitioners.
Critical Acclaim
‘Carlos Correa has in these two Research Handbooks on the TRIPS Agreement, done a magnificent job of bringing together a large number of scholars to analyse the many issues raised by the Agreement. The result is an integrated resource of high quality that helps readers to understand the many complex dimensions of TRIPS.’
– Peter Drahos, RegNet, The Australian National University, Canberra
‘TRIPs is the only positive integration type of agreement in the WTO. Scholars have legitimately in my view, questioned its inclusion in the WTO since the protection of IP rights is no more a trade issue than many other similar issues. This is the first time that a set of well-known experts has dealt in a comprehensive manner with the vast array of issues regarding the coming-into-being, the functioning and the perspectives of the TRIPs regime under the aegis of the WTO. These two volumes will provide very useful guidance to students and policymakers alike dealing with protection of IP rights and international trade.’
– Petros C. Mavroidis, Columbia Law School, US and University of Neuchâtel, Switzerland
– Peter Drahos, RegNet, The Australian National University, Canberra
‘TRIPs is the only positive integration type of agreement in the WTO. Scholars have legitimately in my view, questioned its inclusion in the WTO since the protection of IP rights is no more a trade issue than many other similar issues. This is the first time that a set of well-known experts has dealt in a comprehensive manner with the vast array of issues regarding the coming-into-being, the functioning and the perspectives of the TRIPs regime under the aegis of the WTO. These two volumes will provide very useful guidance to students and policymakers alike dealing with protection of IP rights and international trade.’
– Petros C. Mavroidis, Columbia Law School, US and University of Neuchâtel, Switzerland
Contributors
Contributors: D. Borges Barbosa, C. Clift, B. Conde Gallego, C.M. Correa, K. Das, C. Deere-Birkbeck, G.B. Dinwoodie, R.C. Dreyfuss, G. Dutfield, L.M. Genovesi, T. Hoeren, P.B. Hugenholtz, A. Kur, F. Leverve, O. Morgan, L. Muraguri, R.L. Okediji, K. Outterson, D. Rangnekar, J.H. Reichman, P. Roffe, X. Seuba, C. Spennemann, S.K. Verma, J. von Braun, P.K. Yu
Contents
Contents:
Preface
Carlos M. Correa
HISTORY, INTERPRETATION AND PRINCIPLES
1. Why IPR Issues Were Brought to GATT: A Historical Perspective on the Origins of TRIPS
Charles Clift
2. Developing Countries in the Global IP System Before TRIPS: The Political Context for the TRIPS Negotiations
Carolyn Deere-Birkbeck
3. Minimum Standards vs. Harmonization in the TRIPS Context: The Nature of Obligations under TRIPS and Modes of Implementation at the National Level in Monist and Dualist Systems
Denis Borges Barbosa
4. Enhancing Global Innovation Policy: The Role of WIPO and its Conventions in Interpreting the TRIPS Agreement
Graeme B. Dinwoodie and Rochelle C. Dreyfuss
5. The Objectives and Principles of the TRIPS Agreement
Peter K. Yu
6. Mainstreaming the TRIPS and Human Rights Interactions
Xavier Seuba
7. The TRIPS Agreement and Intellectual Property Rights Exhaustion
Luis Mariano Genovesi
8. Intellectual Property Rights and Competition Policy
Beatriz Conde Gallego
9. Intellectual Property Rights in Free Trade Agreements: Moving Beyond TRIPS Minimum Standards
Pedro Roffe, Christoph Spennemann and Johanna von Braun
SUBSTANTIVE RIGHTS
10. Limits, Limitations and Exceptions to Copyright under the TRIPS Agreement
P. Bernt Hugenholtz
11. Copyright in TRIPS and Beyond: The WIPO Internet Treaties
Ruth L. Okediji
12. The Protection of ‘Related Rights’ in TRIPS and the WIPO Performances and Phonograms Treaty
Owen Morgan
13. Marks for Goods or Services (Trademarks)
Annette Kur
14. Unresolved Issues on Geographical Indications in the WTO
Kasturi Das
15. No ‘Lemons’ No More: A Sketch on the ‘Economics’ of Geographical Indications
Dwijen Rangnekar
16. Exploring the Flexibilities of TRIPS to Promote Biotechnology in Developing Countries
Graham Dutfield, Lois Muraguri and Florian Leverve
17. Compulsory Licensing of Patented Pharmaceutical Inventions: Evaluating the Options
Jerome H. Reichman
18. The Doha Declaration and Access to Medicines by Countries Without Manufacturing Capacity
S.K. Verma
19. Disease-based Limitations on Compulsory Licenses Under Articles 31 and 31bis
Kevin Outterson
20. The Protection of Semiconductor Chip Products in TRIPS
Thomas Hoeren
21. Data Exclusivity for Pharmaceuticals: TRIPS Standards and Industry’s Demands in Free Trade Agreements
Carlos M. Correa
Index
Preface
Carlos M. Correa
HISTORY, INTERPRETATION AND PRINCIPLES
1. Why IPR Issues Were Brought to GATT: A Historical Perspective on the Origins of TRIPS
Charles Clift
2. Developing Countries in the Global IP System Before TRIPS: The Political Context for the TRIPS Negotiations
Carolyn Deere-Birkbeck
3. Minimum Standards vs. Harmonization in the TRIPS Context: The Nature of Obligations under TRIPS and Modes of Implementation at the National Level in Monist and Dualist Systems
Denis Borges Barbosa
4. Enhancing Global Innovation Policy: The Role of WIPO and its Conventions in Interpreting the TRIPS Agreement
Graeme B. Dinwoodie and Rochelle C. Dreyfuss
5. The Objectives and Principles of the TRIPS Agreement
Peter K. Yu
6. Mainstreaming the TRIPS and Human Rights Interactions
Xavier Seuba
7. The TRIPS Agreement and Intellectual Property Rights Exhaustion
Luis Mariano Genovesi
8. Intellectual Property Rights and Competition Policy
Beatriz Conde Gallego
9. Intellectual Property Rights in Free Trade Agreements: Moving Beyond TRIPS Minimum Standards
Pedro Roffe, Christoph Spennemann and Johanna von Braun
SUBSTANTIVE RIGHTS
10. Limits, Limitations and Exceptions to Copyright under the TRIPS Agreement
P. Bernt Hugenholtz
11. Copyright in TRIPS and Beyond: The WIPO Internet Treaties
Ruth L. Okediji
12. The Protection of ‘Related Rights’ in TRIPS and the WIPO Performances and Phonograms Treaty
Owen Morgan
13. Marks for Goods or Services (Trademarks)
Annette Kur
14. Unresolved Issues on Geographical Indications in the WTO
Kasturi Das
15. No ‘Lemons’ No More: A Sketch on the ‘Economics’ of Geographical Indications
Dwijen Rangnekar
16. Exploring the Flexibilities of TRIPS to Promote Biotechnology in Developing Countries
Graham Dutfield, Lois Muraguri and Florian Leverve
17. Compulsory Licensing of Patented Pharmaceutical Inventions: Evaluating the Options
Jerome H. Reichman
18. The Doha Declaration and Access to Medicines by Countries Without Manufacturing Capacity
S.K. Verma
19. Disease-based Limitations on Compulsory Licenses Under Articles 31 and 31bis
Kevin Outterson
20. The Protection of Semiconductor Chip Products in TRIPS
Thomas Hoeren
21. Data Exclusivity for Pharmaceuticals: TRIPS Standards and Industry’s Demands in Free Trade Agreements
Carlos M. Correa
Index
