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Protection against unfair competition in the WTO TRIPS Agreement : the scope and prospects of Article 10bis of the Paris Convention for the Protection of Industrial Property / by Christian Riffel.
2016
Details
Title
Protection against unfair competition in the WTO TRIPS Agreement : the scope and prospects of Article 10bis of the Paris Convention for the Protection of Industrial Property / by Christian Riffel.
Author
Item Type
Book
Description
lv, 341 pages ; 25 cm.
ISBN
9789004313484 Print
9789004313477 eBook
9789004313477 eBook
Summary
In The Protection Against Unfair Competition in the WTO TRIPS Agreement, Christian Riffel offers an account of the potential which Article 10bis of the Paris Convention has for the world trading system. In particular, the author explores what hard law obligations emerge and examines a possible application to unsettled issues, such as core labour standards and traditional knowledge. Article 10bis embodies unfair competition law in a nutshell. The TRIPS Agreement incorporates this Article into the World Trade Organization, thus making unfair competition law a discipline of international trade law. By providing an effective enforcement mechanism against unfair competition, the WTO upholds 'honest practices' in the course of trade, alleviating enforcement deficits in other areas of international law.
Bibliography, etc. Note
Includes bibliographical references (pages 291-324) and index.
Formatted Contents Note
Preface
Acknowledgments
Abbreviations
Table of Cases
Source Guide
Table of Documents
1. Introduction
i. Description of the Problem
ii. Interpretation of WTO Provisions
iii. Course of the Legal Analysis
2. Article 10bis and the WTO
i. Article 2.1 of the TRIPS Agreement
ii. Article 10bis (1) and (2) of the Paris Convention (1967)
3. Article 10bis and Core Labour Standards
i. Breach of Law as an Act of Unfair Competition
ii. Enforcement of Core Labour Standards by Article 10bis of the Paris Convention
iii. Conclusions
4. Article 10bis and Traditional Knowledge
i. Introduction
ii. Contract-Based Protection
iii. Protection by Article 39 of the TRIPS Agreement
iv. Protection by Article 10bis of the Paris Convention
v. Conclusions
5. Article 10bis and the European Union
i. Introduction
ii. Requirements Relating to the Norm
iii. Constitutional Requirements
iv. Requirements Relating to the Treaty
v. Conclusions
6. Final Conclusions
Bibliography
Index.
Acknowledgments
Abbreviations
Table of Cases
Source Guide
Table of Documents
1. Introduction
i. Description of the Problem
ii. Interpretation of WTO Provisions
iii. Course of the Legal Analysis
2. Article 10bis and the WTO
i. Article 2.1 of the TRIPS Agreement
ii. Article 10bis (1) and (2) of the Paris Convention (1967)
3. Article 10bis and Core Labour Standards
i. Breach of Law as an Act of Unfair Competition
ii. Enforcement of Core Labour Standards by Article 10bis of the Paris Convention
iii. Conclusions
4. Article 10bis and Traditional Knowledge
i. Introduction
ii. Contract-Based Protection
iii. Protection by Article 39 of the TRIPS Agreement
iv. Protection by Article 10bis of the Paris Convention
v. Conclusions
5. Article 10bis and the European Union
i. Introduction
ii. Requirements Relating to the Norm
iii. Constitutional Requirements
iv. Requirements Relating to the Treaty
v. Conclusions
6. Final Conclusions
Bibliography
Index.
Series
World Trade Institute advanced studies ; volume 2, 2405-9331.
Linked Resources
Published
Leiden ; Boston : Brill Nijhoff, 2016.
Language
English
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