WTO Dispute Settlement and the TRIPS Agreement : Applying Intellectual Property Standards in a Trade Law Framework.

WTO Dispute Settlement and the TRIPS Agreement : Applying Intellectual Property Standards in a Trade Law Framework.

Book

1 online resource (500 pages).

9781107144682

F 351 KEN.W

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

Cambridge : Cambridge University Press, 2016.

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