Research Handbook on the Interpretation and Enforcement of Intellectual Property

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Teamed with the first volume – Research Handbook on the Protection of Intellectual Property under WTO Rules – this analysis is supplemented by a thorough review of the most important cases on TRIPS decided under the WTO dispute settlement mechanism.

FORMATHardcover LANGUAGEEnglish CONDITIONBrand New Publisher Description

This concise and detailed Handbook addresses some of the most complex issues raised by the implementation of the TRIPS Agreement globally. Among other themes, the Handbook explores the applicability of GATT jurisprudence for the interpretation of the Agreement's provisions. It also considers key issues relating to the enforcement of intellectual property rights, such as border measures and injunctive relief. Teamed with the first volume –- Research Handbook on the Protection of Intellectual Property under WTO Rules - – this analysis is supplemented by a thorough review of the most important cases on TRIPS decided under the WTO dispute settlement mechanism.This accessible Handbook will be invaluable not only for academics, policymakers, and professionals in the area of intellectual property, but for all those interested in or working with the intricacies of the WTO system.

Author Biography

Edited by Carlos M. Correa, Executive Director, South Centre, Geneva, Switzerland

Table of Contents

Contents:PrefaceINTERPRETATION, ENFORCEMENT AND IMPLEMENTATION1. The Applicability of GATT Jurisprudence to the Interpretation of the TRIPS AgreementSusy Frankel2. TRIPS-Plus-Plus Initiatives on Broad Border Measures: Features and ImplicationsXuan Li3. Lessons from the United States in Regard to the Recent, More Flexible Application of Injunctive ReliefJoshua D. Sarnoff4. Accession to the WTO, Intellectual Property Rights and Domestic InstitutionsErmias Tekeste Biadgleng5. The WTO Dispute on Trademarks and Geographical Indications: Some Implications for Trade Policy-Making and NegotiationsDavid Vivas-Eugui and María Julia Oliva6. United States – Section 110(5) of the US Copyright Act: Summary and AnalysisDalindyebo Shabalala7. WTO Panel on United States – Section 110(5) of the US Copyright ActMaximiliano Santa Cruz8. Dispute Settlement Under the TRIPS Agreement: The United States–Brazil (2000) and United States–Argentina (2002) Patent DisputesViviana Muñoz Tellez9. Canada – Patent Protection of Pharmaceutical ProductsPedro Roffe and Christoph Spennemann10. Mandatory Regulation versus Discretionary Regulation, Unilateralism, and National Treatment: An Analysis of the United States – Section 211 Omnibus Appropriations Act of 1998 DisputeChristophe CharlierIndex

Review

'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

Review Quote

'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.'

Details ISBN184980107X Author Carlos M. Correa Publisher Edward Elgar Publishing Ltd ISBN-10 184980107X ISBN-13 9781849801072 Pages 320 Language English Year 2010 Format Hardcover Imprint Edward Elgar Publishing Ltd Place of Publication Cheltenham Country of Publication United Kingdom AU Release Date 2010-09-30 NZ Release Date 2010-09-30 UK Release Date 2010-09-30 Subtitle Intellectual Property in the WTO Volume II Publication Date 2010-09-30 Series Research Handbooks on the WTO series Edited by Carlos M. Correa DEWEY 346.048 Audience Professional & Vocational We've got this

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