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.
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.
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.