This book is a concise and accessible guide to the practical workings of the TRIPS agreement (Trade-Related Aspects of Intellectual Property Rights) for policymakers and their legal advisers. The book offers a unique insider's account of how the international rules of IP function in practice within a broader legal framework that consists of WTO law and dispute resolution procedures. It clarifies how IP law and trade law must be dealt with in a coherent and sustainable manner, andprovides practical guidance on how to read public policy objectives into the formulation and application of IP laws and related regulation, within the legal framework established by TRIPS. The book is concise and clear, and cuts through the textual clutter and complexity that afflicts policymaking andnegotiation under the TRIPS regime.
Note
Description based upon print version of record. This book is a concise and accessible guide to the practical workings of the TRIPS agreement (Trade-Related Aspects of Intellectual Property Rights) for policymakers and their legal advisers. The book offers a unique insider's account of how the international rules of IP function in practice within a broader legal framework that consists of WTO law and dispute resolution procedures. It clarifies how IP law and trade law must be dealt with in a coherent and sustainable manner, andprovides practical guidance on how to read public policy objectives into the formulation and application of IP laws and related regulation, within the legal framework established by TRIPS. The book is concise and clear, and cuts through the textual clutter and complexity that afflicts policymaking andnegotiation under the TRIPS regime.
Formatted Contents Note
Cover Contents List of Figures List of Tables List of Abbreviations Introduction Reading the TRIPS Agreement 1. What it Means to Work with TRIPS Intellectual Property and Trade Law: Marriage of Convenience, or Shotgun Wedding? Outline of TRIPS Disputes 2. TRIPS Law and TRIPS Politics: Legal Clarity and Policy Flexibility TRIPS in the Spotlight Intellectual Property and Trade Law: A Shotgun Wedding? TRIPS in the WTO What Aspects of Intellectual Property Rights are 'Trade-Related'? TRIPS and the New Economy Resistance to TRIPS.
From a Politics of TRIPS to the Practice of TRIPS 'Defending TRIPS' 'Getting around TRIPS' The Limits to International Lawmaking Access to Medicines and the Compulsory Licensing Debate Power to the Policymakers 'Impossible things' about TRIPS 3. Situating TRIPS Within the WTO: In Practice and in Theory Situating TRIPS in the WTO: Values, Ideology, and Theory Contesting the Idea of TRIPS Roots of the WTO Intellectual Property under the GATT Is TRIPS a 'Market Access' Agreement? 4. A Practical Anatomy of TRIPS The Hybrid Structure of TRIPS.
The Content of TRIPS Part I: General Provisions and Basic Principles Exhaustion of Rights Part I: Practical Points Part II: Standards Concerning the Availability, Scope, and Use of IP Rights Substantive Law of Copyright Substantive Law of Trademarks Substantive Law on Geographical Indications Just Getting Along? Geographical Indications, Trademarks, and Coexistence Substantive Law on Industrial Designs Substantive Law on Patents Substantive Law on Integrated Circuit Layout Designs Substantive Law on Undisclosed (Confidential) Information.
Substantive Law on Anti-Competitive Practices Part II: Practical Points Parts III and IV: Enforcement and Grant of Intellectual Property Rights Parts III and IV: Practical Points Part V: Dispute Prevention and Settlement Part V: Practical Points Part VI: Transitional Arrangements Part VII: Institutional Arrangements: Final Provisions Parts VI and VII: Practical Points 5. Trade Rules or Trade Wars? Settling TRIPS Disputes TRIPS Dispute Settlement in Context The Function of TRIPS Dispute Settlement The Cause of Action Remedies Dispute Settlement Procedure.
IP Law and Policy in TRIPS Disputes Practical Insights from Other TRIPS Cases Cross-Retaliation Cases: TRIPS and Market Access under Other Agreements Practical Points 6. TRIPS and Global Issues: Navigating IP and Public Policy From the 'Trade and . . .' question . . . . . . to debating 'TRIPS and . . .' TRIPS in the Practice of Public Policy TRIPS and Global Public Goods Core Principles: Law and Policy And in Practice Towards Reconciliation TRIPS and Human Rights Public Health Traditional Knowledge, Biodiversity, and the Rights of Indigenous Peoples.
Climate Change.
Available in Other Form
Print version: Taubman, Antony Practical Guide to Working with TRIPS London : Oxford University Press,c2011