Research Handbook on the Protection of Intellectual Property under WTO Rules: In

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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.

FORMATHardcover LANGUAGEEnglish CONDITIONBrand New Publisher Description

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.

Author Biography

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

Table of Contents

Contents:PrefaceCarlos M. CorreaHISTORY, INTERPRETATION AND PRINCIPLES1. Why IPR Issues Were Brought to GATT: A Historical Perspective on the Origins of TRIPSCharles Clift2. Developing Countries in the Global IP System Before TRIPS: The Political Context for the TRIPS NegotiationsCarolyn Deere-Birkbeck3. 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 SystemsDenis Borges Barbosa4. Enhancing Global Innovation Policy: The Role of WIPO and its Conventions in Interpreting the TRIPS AgreementGraeme B. Dinwoodie and Rochelle C. Dreyfuss5. The Objectives and Principles of the TRIPS AgreementPeter K. Yu6. Mainstreaming the TRIPS and Human Rights InteractionsXavier Seuba7. The TRIPS Agreement and Intellectual Property Rights ExhaustionLuis Mariano Genovesi8. Intellectual Property Rights and Competition PolicyBeatriz Conde Gallego9. Intellectual Property Rights in Free Trade Agreements: Moving Beyond TRIPS Minimum StandardsPedro Roffe, Christoph Spennemann and Johanna von BraunSUBSTANTIVE RIGHTS10. Limits, Limitations and Exceptions to Copyright under the TRIPS AgreementP. Bernt Hugenholtz11. Copyright in TRIPS and Beyond: The WIPO Internet TreatiesRuth L. Okediji12. The Protection of 'Related Rights' in TRIPS and the WIPO Performances and Phonograms TreatyOwen Morgan13. Marks for Goods or Services (Trademarks)Annette Kur14. Unresolved Issues on Geographical Indications in the WTOKasturi Das15. No 'Lemons' No More: A Sketch on the 'Economics' of Geographical IndicationsDwijen Rangnekar16. Exploring the Flexibilities of TRIPS to Promote Biotechnology in Developing CountriesGraham Dutfield, Lois Muraguri and Florian Leverve17. Compulsory Licensing of Patented Pharmaceutical Inventions: Evaluating the OptionsJerome H. Reichman18. The Doha Declaration and Access to Medicines by Countries Without Manufacturing CapacityS.K. Verma19. Disease-based Limitations on Compulsory Licenses Under Articles 31 and 31bisKevin Outterson20. The Protection of Semiconductor Chip Products in TRIPSThomas Hoeren21. Data Exclusivity for Pharmaceuticals: TRIPS Standards and Industry's Demands in Free Trade AgreementsCarlos M. CorreaIndex

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 ISBN1847209041 Author Carlos M. Correa Publisher Edward Elgar Publishing Ltd ISBN-10 1847209041 ISBN-13 9781847209047 Pages 768 Short Title Research Handbook on Intellectual Property Law and the WTO Rules 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 Publication Date 2010-09-30 Series Research Handbooks on the WTO series Subtitle Intellectual Property in the WTO Volume I Edited by Carlos M. Correa DEWEY 346.048 Audience Professional & Vocational We've got this

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