Interpreting and Implementing the TRIPS Agreement

Interpreting and Implementing the TRIPS Agreement
Author: Justin Malbon
Publisher: Edward Elgar Publishing
Total Pages: 0
Release: 2008
Genre: Business & Economics
ISBN: 9781847201447

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This book considers whether the WTO agreement on 'Trade-Related Aspects of Intellectual Property Rights' (TRIPS) will become a vehicle for promoting greater international equity and engagement with the world economy or a tool for wealthy nations to extract excessive rents from poorer countries. Can TRIPS garner the necessary degree of legitimacy and public trust to deliver economic development? Can it become a key instrument for promoting international health and development? In response to these questions, the book proposes interpretive possibilities for the TRIPS' text along with implementation strategies to avoid the threat of its irrelevancy due, amongst other things, to free trade agreements containing TRIPS-plus terms. The book discusses the impact of TRIPS from various perspectives, including those of developing countries. It will be of interest to informed citizens, members of NGOs and students and academics concerned with the debate about the impact of TRIPS on access to medicines at affordable prices, the protection of traditional knowledge, and the alleged neo-colonial effect of net revenue outflows from developing nations to developed nations for copyright and patent royalties.

Resource Book on TRIPS and Development

Resource Book on TRIPS and Development
Author: Unctad-ictsd
Publisher:
Total Pages: 829
Release: 2005
Genre: Economic development
ISBN: 9781139444972

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NAture of obligations, principles and objectives; Substantive obligations; Intellectual property rights and competition; Enforcemente, maintenance and acquisition of rights; Interpretation and dispute settlement and prevention; Transitional and institutional arragements.

Interpreting and Implementing the TRIPS Agreement

Interpreting and Implementing the TRIPS Agreement
Author: Justin Malbon
Publisher: Edward Elgar Publishing
Total Pages: 201
Release: 2008-01-01
Genre: Law
ISBN: 1848442866

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The chapters in this volume provide insightful analysis and commentary on TRIPS and, importantly, the TRIPS Plus world that many countries operate in. . . This is a fine contribution to the growing literature of interdisciplinary analyses of the global IP regime. . . there is enough in here that makes the book worth acquiring and reading. Scholars of development more generally will find this book to be useful both for advancing their own understanding of the global IP regime and for integrating IP into broader development studies courses they teach. Kenneth C. Shadlen, Progress in Development Studies This book considers whether the WTO agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) will become a vehicle for promoting greater international equity and engagement with the world economy or a tool for wealthy nations to extract excessive rents from poorer countries. Can TRIPS garner the necessary degree of legitimacy and public trust to deliver economic development? Can it become a key instrument for promoting international health and development? In response to these questions, the book proposes interpretive possibilities for the TRIPS text along with implementation strategies to avoid the threat of its irrelevancy due, amongst other things, to free trade agreements containing TRIPS-plus terms. The book discusses the impact of TRIPS from various perspectives, including those of developing countries. It will be of interest to informed citizens, members of NGOs and students and academics concerned with the debate about the impact of TRIPS on access to medicines at affordable prices, the protection of traditional knowledge, and the alleged neo-colonial effect of net revenue outflows from developing nations to developed nations for copyright and patent royalties.

Interpreting and Implementing the TRIPS Agreement

Interpreting and Implementing the TRIPS Agreement
Author: Justin Malbon
Publisher: Edward Elgar Publishing
Total Pages: 201
Release: 2008-01-01
Genre: Law
ISBN: 1848442866

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The chapters in this volume provide insightful analysis and commentary on TRIPS and, importantly, the TRIPS Plus world that many countries operate in. . . This is a fine contribution to the growing literature of interdisciplinary analyses of the global IP regime. . . there is enough in here that makes the book worth acquiring and reading. Scholars of development more generally will find this book to be useful both for advancing their own understanding of the global IP regime and for integrating IP into broader development studies courses they teach. Kenneth C. Shadlen, Progress in Development Studies This book considers whether the WTO agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) will become a vehicle for promoting greater international equity and engagement with the world economy or a tool for wealthy nations to extract excessive rents from poorer countries. Can TRIPS garner the necessary degree of legitimacy and public trust to deliver economic development? Can it become a key instrument for promoting international health and development? In response to these questions, the book proposes interpretive possibilities for the TRIPS text along with implementation strategies to avoid the threat of its irrelevancy due, amongst other things, to free trade agreements containing TRIPS-plus terms. The book discusses the impact of TRIPS from various perspectives, including those of developing countries. It will be of interest to informed citizens, members of NGOs and students and academics concerned with the debate about the impact of TRIPS on access to medicines at affordable prices, the protection of traditional knowledge, and the alleged neo-colonial effect of net revenue outflows from developing nations to developed nations for copyright and patent royalties.

Intellectual Property and International Trade: The TRIPS Agreement

Intellectual Property and International Trade: The TRIPS Agreement
Author: Carlos M. Correa
Publisher: Kluwer Law International B.V.
Total Pages: 586
Release: 2016-06-27
Genre: Law
ISBN: 9041166580

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The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is the most far-reaching and comprehensive legal regime ever concluded at the multilateral level in the area of intellectual property rights (IPR). Compared to prior IPR conventions, TRIPS constitutes a major qualitative leap which radically modifies not only the context in which IPR are considered internationally, but also their substantive content and the methods for their enforcement and dispute settlement. This much-welcomed treatise, now in its third edition, thoroughly updates its comprehensive analysis of the substantive provisions of the Agreement and their actual interpretation and application in different jurisdictions, with new material on the burgeoning case law and on major changes in plant variety protection. As in previous editions, the book may be relied upon for in-depth clarification of such matters as the following: • standards established under the agreement; • enforcement measures; • social and legal issues; • legal and policy possibilities offered; • legislative latitude allowed to WTO Member States; • incorporation of TRIPS into domestic law; • protection of integrated circuit design; • protection of innovation and R&D for diseases that disproportionately affect developing countries; • challenges raised by ongoing technological changes; • access to medicines; • protection of confidential (undisclosed) information; and • interface between competition law and intellectual property protection. With fifteen chapters contributed by a distinguished panel of experts representing diverse parties — international organisations, legal practice, government policy, and academia — the third edition offers an incomparable framework for understanding the background, principles, and complex provisions of the TRIPS Agreement. Thoroughly revised and updated, the third edition will be of great value to all professionals and business people concerned with international trade. It stimulates further discussion and analysis in this area of growing importance to international law and international economic relations, particularly regarding the possibilities offered by the Agreement and the loose ends that may need consideration in the future at the national or international level.

An International Law Perspective on the Protection of Human Rights in the TRIPS Agreement

An International Law Perspective on the Protection of Human Rights in the TRIPS Agreement
Author: Ping Xiong
Publisher: Martinus Nijhoff Publishers
Total Pages: 391
Release: 2012-03-20
Genre: Law
ISBN: 9004211977

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This book analyses the relationship between the TRIPS Agreement and the right to health and relevant human rights norms by using the tools of treaty interpretation of public international law.

Interpreting TRIPS

Interpreting TRIPS
Author: Hiroko Yamane
Publisher: Bloomsbury Publishing
Total Pages: 406
Release: 2011-03-21
Genre: Law
ISBN: 1847318150

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Protection of intellectual property rights (IPRs) has become a global issue. The Trade-Related Aspects of Intellectual Property (TRIPS) Agreement outlines the minimum standards for IPR protection for WTO members and offers a global regime for IPR protection. However, the benefits of TRIPS are more questionable in poorer countries where national infrastructure for research and development (R&D) and social protection are inadequate, whereas the cost of innovation is high. Today, after more than a decade of intense debate over global IPR protection, the problems remain acute, although there is also evidence of progress and cooperation. This book examines various views of the role of IPRs as incentives for innovation against the backdrop of development and the transfer of technology between globalised, knowledge-based, high technology economies. The book retraces the origins, content and interpretations of the TRIPS Agreement, including its interpretations by WTO dispute settlement organs. It also analyses sources of controversy over IPRs, examining pharmaceutical industry strategies of emerging countries with different IPR policies. The continuing international debate over IPRs is examined in depth, as are TRIPS rules and the controversy about implementing the 'flexibilities' of the Agreement in the light of national policy objectives. The author concludes that for governments in developing countries, as well as for their business and scientific communities, a great deal depends on domestic policy objectives and their implementation. IPR protection should be supporting domestic policies for innovation and investment. This, in turn requires a re-casting of the debate about TRIPS, to place cooperation in global and efficient R&D at the heart of concerns over IPR protection.

Globalising Intellectual Property Rights

Globalising Intellectual Property Rights
Author: Duncan Matthews
Publisher: Routledge
Total Pages: 227
Release: 2003-09-02
Genre: Political Science
ISBN: 1134594968

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In Globalising Intellectual Property Rights, Matthews looks at various aspects of the TRIPS Agreement: agenda-setting, legal interpretation, implementation, enforcement and revision - from the viewpoint of global business interests and developing countries. It is argued that the Agreement was largely the result of an initiative by multinational companies who sought to protect their own intellectual property through international law, and, furthermore, that it is these multinational companies who are now its main guardians. The book concludes that the history of the TRIPS Agreement and the role of business is a clear example of governance by non-state actors on a global scale. This book will be of interest to students and researchers in the fields of international relations, intellectual property law, international economic law and development studies.

WTO Dispute Settlement and the TRIPS Agreement

WTO Dispute Settlement and the TRIPS Agreement
Author: Matthew Kennedy
Publisher:
Total Pages: 500
Release: 2016
Genre: Commerce international
ISBN: 9781316587461

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Matthew Kennedy exposes the challenges created by the integration and independence of TRIPS within the WTO.