Item Type Book
Description 768 pages.
ISBN 9781849806596 eBook
9781847209047 Print
Alternate Call Number F 351 COR.R (I)
Summary 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.
Formatted Contents Note
Preface
History, Interpretation and Principles
1. Why IPR Issues Were Brought to GATT: A Historical Perspective on the Origins of TRIPS. 2. Developing Countries in the Global IP System Before TRIPS: The Political Context for the TRIPS Negotiations. 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. 4. Enhancing Global Innovation Policy: The Role of WIPO and its Conventions in Interpreting the TRIPS Agreement. 5. The Objectives and Principles of the TRIPS Agreement. 6. Mainstreaming the TRIPS and Human Rights Interactions. 7. The TRIPS Agreement and Intellectual Property Rights Exhaustion. 8. Intellectual Property Rights and Competition Policy. 9. Intellectual Property Rights in Free Trade Agreements: Moving Beyond TRIPS Minimum Standards
Substantive Rights - 10. Limits, Limitations and Exceptions to Copyright under the TRIPS Agreement. 11. Copyright in TRIPS and Beyond: The WIPO Internet Treaties. 12. The Protection of ‘Related Rights’ in TRIPS and the WIPO Performances and Phonograms Treaty. 13. Marks for Goods or Services (Trademarks). 14. Unresolved Issues on Geographical Indications in the WTO. 15. No ‘Lemons’ No More: A Sketch on the ‘Economics’ of Geographical Indications. 16. Exploring the Flexibilities of TRIPS to Promote Biotechnology in Developing Countries. 17. Compulsory Licensing of Patented Pharmaceutical Inventions: Evaluating the Options. 18. The Doha Declaration and Access to Medicines by Countries Without Manufacturing Capacity. 19. Disease-based Limitations on Compulsory Licenses Under Articles 31 and 31bis. 20. The Protection of Semiconductor Chip Products in TRIPS. 21. Data Exclusivity for Pharmaceuticals: TRIPS Standards and Industry’s Demands in Free Trade Agreements
Index
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Published Cheltenham, Gloucestershire : Edward Elgar Publishing, 2010.