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![Trade Related Aspects of Intellectual Property Rights: A Commentary on the TRIPS Agreement](http://img.images-bn.com/static/redesign/srcs/images/grey-box.png?v11.9.4)
Trade Related Aspects of Intellectual Property Rights: A Commentary on the TRIPS Agreement
592
by Carlos Maria Correa
Carlos Maria Correa
![Trade Related Aspects of Intellectual Property Rights: A Commentary on the TRIPS Agreement](http://img.images-bn.com/static/redesign/srcs/images/grey-box.png?v11.9.4)
Trade Related Aspects of Intellectual Property Rights: A Commentary on the TRIPS Agreement
592
by Carlos Maria Correa
Carlos Maria Correa
Hardcover(2nd ed.)
$190.00
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Overview
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.
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.
Product Details
ISBN-13: | 9780198707219 |
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Publisher: | Oxford University Press |
Publication date: | 09/23/2020 |
Series: | Oxford Commentaries on International Law |
Edition description: | 2nd ed. |
Pages: | 592 |
Product dimensions: | 9.80(w) x 6.70(h) x 1.50(d) |
About the Author
Carlos Maria Correa, Executive Director, The South Centre, Geneva
Prof. Carlos Maria Correa is the Executive Director of the South Centre, an intergovernmental organization established in Geneva. He has been Director of the Center for Interdisciplinary Studies on Industrial Property and Economics (University of Buenos Aires), a visiting professor in post-graduate courses of several universities and consultant to UNCTAD, UNIDO, UNDP, WHO, FAO, IDB, INTAL, World Bank, SELA, ECLA, and other regional and international organizations.
Prof. Carlos Maria Correa is the Executive Director of the South Centre, an intergovernmental organization established in Geneva. He has been Director of the Center for Interdisciplinary Studies on Industrial Property and Economics (University of Buenos Aires), a visiting professor in post-graduate courses of several universities and consultant to UNCTAD, UNIDO, UNDP, WHO, FAO, IDB, INTAL, World Bank, SELA, ECLA, and other regional and international organizations.
Table of Contents
List of Abbreviations xv
Table of Cases xvii
Table of International Instruments and National Laws xx
Preamble 1
The purpose of the TRIPS Agreement 1
Annex 19
Nature and Scope of Obligations 22
Coverage of the Agreement 22
Utility models or petty patents 36
Breeders' rights 36
Databases 38
Unfair competition 38
Domain names 39
Intellectual property conventions 44
National treatment 51
Most-favoured nation 65
Multilateral agreements on acquisition or maintenance of protection 72
Annex 73
International Exhaustion of Rights 78
Annex 89
Objectives and Principles 91
The interpretive value of Article 7 91
IPRs and innovation 95
Transfer and dissemination of technology 97
Social and economic welfare 99
Balance of rights and obligations 101
Principles 103
Abuse of IPRs 110
Practices which unreasonably restraintrade 111
Practices which adversely affect the international transfer of technology 112
Annex 113
Copyright and Related Rights 115
Relation to the Berne Convention 116
Computer programs and compilation of data 123
Rental rights 128
Term of protection 131
Limitations and exceptions 134
The three-step test 146
Related rights 155
Annex 168
Trademarks 174
Subject matter 175
Requirement of use for application and registration 180
Rights conferred 184
Exceptions 193
Term of protection 196
Use as a condition to maintain registration 196
Other requirements 199
Licensing and assignment 201
Annex 203
Geographical Indications 209
Terminology 211
Prior conventions 213
Paris Convention 214
Madrid Agreement 215
Lisbon Agreement 215
Protection of geographical indications under TRIPS 217
Additional protection for geographical indications for wines and spirits under TRIPS 232
International negotiations: exceptions 240
Annex 252
Industrial Designs 257
International conventions and TRIPS 259
Requirements for protection 260
Protection 265
Annex 269
Patents 271
Patentable subject matter 271
Non-discrimination 281
Exclusions to patentability 287
Rights conferred 294
Conditions on patent applicants 300
Exceptions to rights conferred 302
Experimental use 304
Bolar exception 304
Compulsory licenses 311
Other use without authorization of the right-holder 311
Environmental protection 319
Conditions for the granting of compulsory licences 320
Lack of manufacturing capacity in pharmaceuticals 324
For what purposes can the system be used? 328
Notification of intention to use the system 329
Notification about needed products, compulsory licence 330
Establishing lack of, or insufficient, manufacturing capacity 331
Confirming the intention to grant a compulsory licence 332
Compulsory license in the exporting country 333
Amount necessary to meet needs 334
Identification of product 334
Labelling and marks 334
Packaging, colouring, and shaping 335
Notification by the supplier 336
Notification by the exporting country 337
Anti-diversion measures 338
Suspension of the system 339
Operation of the system 339
Revocation and forfeiture 342
Term of protection 343
Reversal of the burden of proof 344
Negotiating history 346
Annex to the TRIPS Agreement 348
Appendix to the annex to the TRIPS agreement 350
Layout-Designs (Topographies) of Integrated Circuits 352
Relation to the IPIC Treaty 352
Scope of the protection 357
Acts not requiring the authorization of the right-holder 361
Term of protection 362
Annex 363
Undisclosed Information 366
Protection under unfair competition 366
Conditions for protection 369
Test data of pharmaceutical and agrochemical products 374
Data necessary for marketing approval 377
Undisclosed data 377
New chemical entities 378
Considerable effort (investment) 379
Non-disclosure obligation 380
Acts of unfair commercial use 381
Unfair 381
Commercial 383
Use 384
Relying on data 385
Means of protection against unfair commercial use 387
Annex 392
Control of Restrictive Practices in Contractual Licences 395
Anti-competitive practices in contractual licences 398
Consultation system 404
Annex 406
Enforcement of Intellectual Property Rights 409
General obligations 410
Civil and administrative procedures and remedies 417
Fair and equitable procedures 417
Evidence 420
Injunctions 422
Damages 426
Other remedies 427
Right of information 429
Indemnification of the defendant 430
Administrative procedures 432
Provisional measures 433
Special requirements related to border measures [12] 438
Suspension of release by customs authorities 438
Application 441
Security or equivalent assurance 442
Notice of suspension 444
Duration of suspension 444
Indemnification of the importer and of the owner of the goods 445
Right of inspection and information 446
Ex officio action 446
Remedies 447
De minimis imports 448
Criminal procedures 448
Annex 451
Acquisition and Maintenance of Intellectual Property Rights, Dispute Prevention and Settlement, Transitional and Institutional Arrangements, and Final Provisions 467
Acquisition and maintenance of IPRs 467
Dispute prevention and settlement 472
Dispute settlement 479
Transitional arrangements 491
Transitional period for least-developed countries 495
Technology transfer to LDCs 500
Institutional arrangements and final provisions 504
Council for TRIPS 504
International cooperation 506
Protection of existing subject matter 506
Pharmaceutical and agrochemical products 514
Review and amendment 517
Reservations 519
Security exceptions 519
Annex 520
Appendix 1 533
Appendix 2 563
Index 565
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