\(
\def\WIPO{World Intellectual Property Organisation}
\)
Details
Title
Practical Guide to Working with TRIPS.
Author
Item Type
Book
Description
1 online resource (250 pages)
ISBN
9780191616129 electronic book
Summary
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.
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.
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
Published
London : Oxford University Press, 2011.
Language
English
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