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.
Bibliography, etc. Note
Includes bibliographical references and index.
Formatted Contents Note
Preface Interpretation, Enforcement and Implementation 1. The Applicability of GATT Jurisprudence to the Interpretation of the TRIPS Agreement 2. TRIPS-Plus-Plus Initiatives on Broad Border Measures: Features and Implications 3. Lessons from the United States in Regard to the Recent, More Flexible Application of Injunctive Relief 4. Accession to the WTO, Intellectual Property Rights and Domestic Institutions 5. The WTO Dispute on Trademarks and Geographical Indications: Some Implications for Trade Policy-Making and Negotiations 6. United States – Section 110(5) of the US Copyright Act: Summary and Analysis 7. WTO Panel on United States – Section 110(5) of the US Copyright Act 8. Dispute Settlement Under the TRIPS Agreement: The United States–Brazil (2000) and United States–Argentina (2002) Patent Disputes 9. Canada – Patent Protection of Pharmaceutical Products 10. Mandatory Regulation versus Discretionary Regulation, Unilateralism, and National Treatment: An Analysis of the United States – Section 211 Omnibus Appropriations Act of 1998 Dispute Index