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WTO Dispute Settlement and the TRIPS Agreement : Applying Intellectual Property Standards in a Trade Law Framework.
2016
F 351 KEN.W
Available at WIPO Library
Items
Details
Title
WTO Dispute Settlement and the TRIPS Agreement : Applying Intellectual Property Standards in a Trade Law Framework.
Author
Kennedy, Matthew.
Item Type
Book
Description
1 online resource (500 pages).
ISBN
9781107144682
Alternate Call Number
F 351 KEN.W
Summary
The TRIPS Agreement was implemented in the WTO to gain access to a functioning dispute settlement mechanism that could authorize trade sanctions. Yet TRIPS and the WTO Dispute Settlement Understanding are based on systems that developed independently in WIPO and GATT. In this book, Matthew Kennedy exposes the challenges created by the integration and independence of TRIPS within the WTO by examining how this trade organization comes to grips with intellectual property disputes. He contrasts the way intellectual property disputes between governments have been handled before and after the establishment of the WTO. Based on practical experience, this book provides a comprehensive review of the issues that arise under the DSU, TRIPS, GATT 1994 and other WTO agreements in intellectual property matters. These range from procedural pitfalls to substantive treaty interpretation and conflicts as well as remedies, including cross-retaliation. Explains the role of trade law in intellectual property matters to show how different WTO agreements apply and where conflicts can arise Takes a unique systemic approach to explain TRIPS from the perspective of dispute settlement Considers the wider implications of TRIPS for those proposing WTO agreements on new issues
Formatted Contents Note
Foreword
Series editor foreword
Acknowledgements
Table of GATT and WTO dispute settlement reports and arbitration awards
Table of TRIPS disputes
Table of arbitrations on suspension of TRIPS obligations
Abbreviations and acronyms
Figures
1 Introduction
2 Achievement of objectives
3 Procedural foundations
4 Interpretation of TRIPS
5 Relation of TRIPS to other WTO agreements
6 Remedies
7 Non-violation and situation complaints
8 Conclusions
Appendix: Case summaries
Index.
Series editor foreword
Acknowledgements
Table of GATT and WTO dispute settlement reports and arbitration awards
Table of TRIPS disputes
Table of arbitrations on suspension of TRIPS obligations
Abbreviations and acronyms
Figures
1 Introduction
2 Achievement of objectives
3 Procedural foundations
4 Interpretation of TRIPS
5 Relation of TRIPS to other WTO agreements
6 Remedies
7 Non-violation and situation complaints
8 Conclusions
Appendix: Case summaries
Index.
Linked Resources
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Published
Cambridge : Cambridge University Press, 2016.
Language
English
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