Trade Related Aspects of Intellectual Property Rights: A Commentary on the TRIPS Agreement

Hardcover | April 5, 2007

byCarlos Correa

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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 propertyprotection 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 andsocio-economic contexts. This book examines the obligations imposed on WTO Members in different fields of intellectual property, and thoroughly explores the flexibilities that they enjoy in implementing the Agreement. It discusses the interpretation of the Agreement's provisions and the WTO jurisprudence alreadydeveloped on certain aspects of the Agreement. It also includes a brief discussion on emerging issues such as protection of traditional knowledge, and on options for further developments e.g. copyright in a digital environment, and the relationship with competition law. It also takes into accountrecent developments in bilateral agreements and free trade agreements that contain TRIPS-plus standards of protection. The Preamble and general provisions of the TRIPS Agreement are addressed, as well as the substantive rules on copyright and related rights, trademarks, geographical indications, industrial designs, patents, integrated circuits, trade secrets and test data. The controversies about the implementationand interpretation of these provisions are highlighted, including the content an implications of the Doha Declaration on the TRIPS Agreement and Public Health of November 2001, and of the WTO Decision of August 30, 2003 relating to access to medicines. The book also analyses the crucial enforcementprovisions and other aspects of the Agreement.

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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 propertyprotection and enforcement. This has required mass...

Director of the Center for Interdisciplinary Studies of Industrial Property Law and Economics, University of Buenos Aires; author of several books and numerous articles on law and economics, particularly on investment, technology and intellectual property; Director of the UNDP/UNIDO Regional Program on Informatics and Microelectronics...
Format:HardcoverDimensions:616 pages, 9.21 × 6.14 × 0.08 inPublished:April 5, 2007Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199271283

ISBN - 13:9780199271283

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Table of Contents

IntroductionI General Provisions And Basic PrinciplesII Standards Concerning the Availability, Scope, and Use of Intellectual Property Rights1. Copyright and Related Rights2. Trademarks3. Geographical Indications4. Industrial Designs5. Patents6. Layout-Designs (Topographies) of Integrated Circuits7. Protection of Undisclosed Information8. Control of Anti-Competitive Practices in Contractual LicencesIII Enforcement of Intellectual Property Rights9. General Obligations10. Civil and Administrative Procedures and Remedies11. Provisional Measures12. Special Requirements Related to Border Measures13. Criminal ProceduresIV Acquisition and Maintenance of Intellectual Property Rights and Related Inter-Parties ProceduresV Dispute Prevention and SettlementVI Transitional ArrangementsVII Institutional Arrangements; Final Provisions