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TRIPS plus 20 : from trade rules to market principles.
2016
Details
Title
TRIPS plus 20 : from trade rules to market principles.
Item Type
Book
Description
1 online resource (xvii, 760 pages).
ISBN
9783662481066 Print
9783662481073 eBook
9783662481073 eBook
Summary
This book examines the impact and shortcomings of the TRIPS Agreement, which was signed in Marrakesh on 15 April 1994. Over the last 20 years, the framework conditions have changed fundamentally. New technologies have emerged, markets have expanded beyond national borders, some developing states have become global players, the terms of international competition have changed, and the intellectual property system faces increasing friction with public policies.
Note
Description based upon print version of record.
"The contributions have been submitted to critical discussion at a workshop held in Munich on 14 and 15 April 2014, the "anniversary" of the TRIPS Agreement"--Preface.
"The contributions have been submitted to critical discussion at a workshop held in Munich on 14 and 15 April 2014, the "anniversary" of the TRIPS Agreement"--Preface.
Formatted Contents Note
Preface
List of Journals
Contents
Part I: Revisiting the Policy Rationale of TRIPS
The Origins and Structure of the TRIPS Agreement
1 Introduction
2 Political Economy and Free Trade
3 Technical Innovation and Economic Growth
3.1 Incentives to Innovate
3.2 Exclusive Rights of Exploitation Within Competitive Markets
3.3 The Degree of Exclusive Protection
4 National States and IPRs: ``Traditional�� International Conventions
4.1 Territorial Scope of IPRs
4.2 The Paris Convention for the Protection of Industrial Property.
4.3 The Berne Convention for the Protection of Literary and Artistic Works
4.4 Further Developments of the Paris and Berne Conventions
5 Recognition of IPRs as Part of Interstate Trade Relations
5.1 American Insistence on International Respect for IPRs
5.2 The General Agreement on Tariffs and Trade of 1947
5.3 Revision of GATT: The Uruguay Round 1986-1994
6 Shaping a TRIPS Agreement
6.1 The Basic Tenets
6.2 Massing Forces for a Wide-Ranging TRIPS Agreement
6.3 Suspicions in the Developing World
6.4 Political Realities in the Negotiations
7 The Structure of TRIPS.
7.1 TRIPS and ``Traditional�� International Obligations
7.2 Objectives and Principles: TRIPS Preamble and Articles 7 and 8
7.3 Treatment of the Types of IPR Within TRIPS Part II
7.4 Authors� Copyright, Related Rights of Performers and Investors
7.5 Trade Marks and Names
7.6 Patents for Inventions
7.7 Other Exclusive Rights Affecting Innovation
8 The Processes for Enforcement of IPRs Against Infringers
8.1 Types of Legal Proceeding
8.2 Preferences of Industries
8.3 Civil Process and Border Restraints.
9 Dispute Settlement Between WTO Members: Procedures and Potential Sanctions
9.1 Older Approaches
9.2 Post-TRIPS
10 Conclusions
References
The Concept of Trade-Relatedness of Intellectual Property Rights in Times of Post-TRIPS Bilateralism
1 Introduction
2 The Concept of ``Trade-Relatedness of IPRs�� in 1994
2.1 Trade-Relatedness of IPRs Under TRIPS as a Legal Concept
2.2 The Economic Justification of the Concept of Trade-Relatedness of IPRs in 1994
2.3 The Political Strategy to Implement Trade-Related IP Rules in TRIPs.
2.4 The Concept of Trade-Relatedness as a One-Way Ticket Towards Expansion
3 The Concept of Trade-Relatedness in the Bilateral World
3.1 Legal Features of the WTO/TRIPS System That Favour IP Bilateralism
3.2 Additional Problematic Features of IP Bilateralism
3.3 TRIPS-Plus Provisions in WTO Accession Agreements
3.4 The ``Country-Club Approach�� of Like-Minded Nations as a Next Step
3.5 The Trade-Relatedness of IPRs in 2014
4 An Economic Assessment of the Concept of the Trade-Relatedness of IP Rules from Today�s Perspective
4.1 The Economics of Intellectual Property.
4.2 The Economics of International Trade.
List of Journals
Contents
Part I: Revisiting the Policy Rationale of TRIPS
The Origins and Structure of the TRIPS Agreement
1 Introduction
2 Political Economy and Free Trade
3 Technical Innovation and Economic Growth
3.1 Incentives to Innovate
3.2 Exclusive Rights of Exploitation Within Competitive Markets
3.3 The Degree of Exclusive Protection
4 National States and IPRs: ``Traditional�� International Conventions
4.1 Territorial Scope of IPRs
4.2 The Paris Convention for the Protection of Industrial Property.
4.3 The Berne Convention for the Protection of Literary and Artistic Works
4.4 Further Developments of the Paris and Berne Conventions
5 Recognition of IPRs as Part of Interstate Trade Relations
5.1 American Insistence on International Respect for IPRs
5.2 The General Agreement on Tariffs and Trade of 1947
5.3 Revision of GATT: The Uruguay Round 1986-1994
6 Shaping a TRIPS Agreement
6.1 The Basic Tenets
6.2 Massing Forces for a Wide-Ranging TRIPS Agreement
6.3 Suspicions in the Developing World
6.4 Political Realities in the Negotiations
7 The Structure of TRIPS.
7.1 TRIPS and ``Traditional�� International Obligations
7.2 Objectives and Principles: TRIPS Preamble and Articles 7 and 8
7.3 Treatment of the Types of IPR Within TRIPS Part II
7.4 Authors� Copyright, Related Rights of Performers and Investors
7.5 Trade Marks and Names
7.6 Patents for Inventions
7.7 Other Exclusive Rights Affecting Innovation
8 The Processes for Enforcement of IPRs Against Infringers
8.1 Types of Legal Proceeding
8.2 Preferences of Industries
8.3 Civil Process and Border Restraints.
9 Dispute Settlement Between WTO Members: Procedures and Potential Sanctions
9.1 Older Approaches
9.2 Post-TRIPS
10 Conclusions
References
The Concept of Trade-Relatedness of Intellectual Property Rights in Times of Post-TRIPS Bilateralism
1 Introduction
2 The Concept of ``Trade-Relatedness of IPRs�� in 1994
2.1 Trade-Relatedness of IPRs Under TRIPS as a Legal Concept
2.2 The Economic Justification of the Concept of Trade-Relatedness of IPRs in 1994
2.3 The Political Strategy to Implement Trade-Related IP Rules in TRIPs.
2.4 The Concept of Trade-Relatedness as a One-Way Ticket Towards Expansion
3 The Concept of Trade-Relatedness in the Bilateral World
3.1 Legal Features of the WTO/TRIPS System That Favour IP Bilateralism
3.2 Additional Problematic Features of IP Bilateralism
3.3 TRIPS-Plus Provisions in WTO Accession Agreements
3.4 The ``Country-Club Approach�� of Like-Minded Nations as a Next Step
3.5 The Trade-Relatedness of IPRs in 2014
4 An Economic Assessment of the Concept of the Trade-Relatedness of IP Rules from Today�s Perspective
4.1 The Economics of Intellectual Property.
4.2 The Economics of International Trade.
Series
MPI Studies on Intellectual Property and Competition Law.
Available in Other Form
Print version: Ullrich, Hanns TRIPS plus 20 : From Trade Rules to Market Principles Berlin, Heidelberg : Springer Berlin Heidelberg,c2016
Published
Heidelberg : Springer, 2016.
Language
English
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