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Wto Dispute Settlement And The Trips Agreement
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Book Synopsis WTO Dispute Settlement and the TRIPS Agreement by : Matthew Kennedy
Download or read book WTO Dispute Settlement and the TRIPS Agreement written by Matthew Kennedy and published by Cambridge University Press. This book was released on 2018-12-20 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis A Handbook on the WTO TRIPS Agreement by : Antony Taubman
Download or read book A Handbook on the WTO TRIPS Agreement written by Antony Taubman and published by Cambridge University Press. This book was released on 2012-04-26 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook provides a comprehensive and non-technical explanation of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), later legal instruments, current policy issues and the relationship between TRIPS and public health. It is aimed at an audience including government officials and policy-makers, non-governmental organizations, academics and students.
Book Synopsis The Making of the TRIPS Agreement by : Jayashree Watal
Download or read book The Making of the TRIPS Agreement written by Jayashree Watal and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive account of the establishment of the World Trade Organization, focusing on those who shaped its creation as well as those who have influenced its evolution. The book examines trade negotiations, the WTO's dispute settlement role, the presence of coalitions and groupings within the WTO, the process of joining the organization and many other topics, including what lies ahead for the organization.
Book Synopsis WTO Dispute Settlement and the TRIPS Agreement by : Matthew Kennedy
Download or read book WTO Dispute Settlement and the TRIPS Agreement written by Matthew Kennedy and published by Cambridge University Press. This book was released on 2016-04-21 with total page 499 pages. Available in PDF, EPUB and Kindle. Book excerpt: Matthew Kennedy exposes the challenges created by the integration and independence of TRIPS within the WTO.
Book Synopsis Intellectual Property and International Trade: The TRIPS Agreement by : Carlos M. Correa
Download or read book Intellectual Property and International Trade: The TRIPS Agreement written by Carlos M. Correa and published by Kluwer Law International B.V.. This book was released on 2016-06-27 with total page 586 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is the most far-reaching and comprehensive legal regime ever concluded at the multilateral level in the area of intellectual property rights (IPR). Compared to prior IPR conventions, TRIPS constitutes a major qualitative leap which radically modifies not only the context in which IPR are considered internationally, but also their substantive content and the methods for their enforcement and dispute settlement. This much-welcomed treatise, now in its third edition, thoroughly updates its comprehensive analysis of the substantive provisions of the Agreement and their actual interpretation and application in different jurisdictions, with new material on the burgeoning case law and on major changes in plant variety protection. As in previous editions, the book may be relied upon for in-depth clarification of such matters as the following: • standards established under the agreement; • enforcement measures; • social and legal issues; • legal and policy possibilities offered; • legislative latitude allowed to WTO Member States; • incorporation of TRIPS into domestic law; • protection of integrated circuit design; • protection of innovation and R&D for diseases that disproportionately affect developing countries; • challenges raised by ongoing technological changes; • access to medicines; • protection of confidential (undisclosed) information; and • interface between competition law and intellectual property protection. With fifteen chapters contributed by a distinguished panel of experts representing diverse parties — international organisations, legal practice, government policy, and academia — the third edition offers an incomparable framework for understanding the background, principles, and complex provisions of the TRIPS Agreement. Thoroughly revised and updated, the third edition will be of great value to all professionals and business people concerned with international trade. It stimulates further discussion and analysis in this area of growing importance to international law and international economic relations, particularly regarding the possibilities offered by the Agreement and the loose ends that may need consideration in the future at the national or international level.
Book Synopsis A Handbook on the WTO Dispute Settlement System by : World Trade Organization
Download or read book A Handbook on the WTO Dispute Settlement System written by World Trade Organization and published by Cambridge University Press. This book was released on 2017-09-14 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: The WTO dispute settlement system has become one of the most dynamic, effective and successful international dispute settlement systems in the world over the past twenty years. This second edition of A Handbook on the WTO Dispute Settlement System has been compiled by the dispute settlement lawyers of the WTO Secretariat with a view to providing a practice-oriented account of the system. In addition to describing the existing rules and procedures, this accessibly written handbook explains how those rules and procedures have been interpreted by dispute settlement panels and the Appellate Body, and how they have evolved over time. The handbook provides practical information to help various audiences understand the day-to-day operation of the WTO dispute settlement system.
Book Synopsis 25 Years of the TRIPS Agreement by : Christopher Heath
Download or read book 25 Years of the TRIPS Agreement written by Christopher Heath and published by Kluwer Law International B.V.. This book was released on 2021-12-17 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: When the TRIPS Agreement was concluded in 1994, many saw it as embodying a new gold standard of intellectual property protection that not only reformed the Paris and Berne Conventions but also made further IP agreements unnecessary. Although this optimistic vision has eroded – obligations to protect IP rights can now be found in trade agreements and can be enforced before domestic courts and investor–state tribunals – the Agreement continues to pervade trends and developments in international law, not only in IP but in trade law also. This comprehensive commentary on the past, present, and future of the Agreement focuses on its influence on key topics in IP as well as on enforcement and dispute resolution. The editors have assembled a group of renowned IP law practitioners and academics who, taking each area of IP law, in turn, show the extent to which TRIPS provisions have survived, expanded, or been supplanted by other bodies. Their analysis covers the different IP rights addressed in the TRIPS Agreement (copyrights; trade marks; geographical indications; patents; data protection and enforcement) both in historical perspective and in their development in the last 25 years. An additional three chapters cover: most-favoured-nation obligations in regard of subsequent free trade agreements; how societal interests alter the interpretation of TRIPS obligations; the judicial role in the WTO panels and Appellate Body; minimum standards and reduction of flexibilities in IP policy; relationship of WTO/TRIPS with other international agreements. As intellectual property becomes more pervasive in society than ever before – and as both technology related to the use of IP and the way protected works are consumed have changed beyond recognition over the past 25 years – jurists, academics, and practitioners in IP and trade law will welcome this unique opportunity to test the true scope of national sovereignty in the interpretation of intellectual property rights.
Book Synopsis The TRIPS Agreement by : Daniel J. Gervais
Download or read book The TRIPS Agreement written by Daniel J. Gervais and published by London : Sweet & Maxwell. This book was released on 2003 with total page 580 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work provides practitioners with in-depth, article-by-article analysis of the TRIPS Agreement. For each article it describes the evolution of the provision and its negotiating history, difficulties in its interpretation and application, and the key points practitioners must consider in their work. In addition, it examines the history and context of the Agreement and assesses its likely impact on the future development of the international intellectual property framework.
Book Synopsis Resource Book on TRIPS and Development by :
Download or read book Resource Book on TRIPS and Development written by and published by Cambridge University Press. This book was released on 2005-04-07 with total page 852 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is a guide to the WTO's Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).
Book Synopsis The GATT/WTO Dispute Settlement System by : Ernst-Ulrich Petersmann
Download or read book The GATT/WTO Dispute Settlement System written by Ernst-Ulrich Petersmann and published by BRILL. This book was released on 2024-01-22 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: The GATT and WTO dispute settlement systems have become the most frequently used international mechanisms for the settlement of trade disputes among governments. The 1994 Agreement Establishing the WTO introduced a historically unprecedented new dispute settlement procedure for conflicts involving trade in goods and services, trade-related investment measures, and intellectual property rights. This procedure provided for the compulsory jurisdiction of the WTO Dispute Settlement Body, WTO Panels, and the WTO Appellate Body. The first 18 months from the time the WTO Agreement came into force on 1 January 1995 witnessed more than 50 invocations of the new dispute settlement procedures by a large number of countries, including many from the developing world. This large response, and the proposals for further extending the scope of WTO law, suggest that the WTO dispute settlement system will continue to be the most frequently applied, worldwide systems for the legal settlement of trade disputes among governments. This book provides students, lawyers and diplomats a thought-provoking and practice-oriented analysis of the GATT/WTO dispute settlement rules, procedures, and problems. The Annexes include a useful collection of relevant texts and tables of past GATT and WTO case law.
Book Synopsis Human Rights and the WTO by : Holger Hestermeyer
Download or read book Human Rights and the WTO written by Holger Hestermeyer and published by Oxford University Press, USA. This book was released on 2007 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines one of the most controversial aspects of the world trading system: patents and access to medication, and offers approaches to tackle the issue of how to better accommodate human rights in the trading system.
Book Synopsis Resource Book on TRIPS and Development by : Unctad-ictsd
Download or read book Resource Book on TRIPS and Development written by Unctad-ictsd and published by . This book was released on 2005 with total page 829 pages. Available in PDF, EPUB and Kindle. Book excerpt: NAture of obligations, principles and objectives; Substantive obligations; Intellectual property rights and competition; Enforcemente, maintenance and acquisition of rights; Interpretation and dispute settlement and prevention; Transitional and institutional arragements.
Book Synopsis An International Law Perspective on the Protection of Human Rights in the TRIPS Agreement by : Ping Xiong
Download or read book An International Law Perspective on the Protection of Human Rights in the TRIPS Agreement written by Ping Xiong and published by Martinus Nijhoff Publishers. This book was released on 2012-03-20 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the relationship between the TRIPS Agreement and the right to health and relevant human rights norms by using the tools of treaty interpretation of public international law.
Book Synopsis A Practical Guide to Working with TRIPS by : Antony Taubman
Download or read book A Practical Guide to Working with TRIPS written by Antony Taubman and published by Oxford University Press. This book was released on 2011-04-07 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: A brief and accessible guide to the practical workings of the TRIPS agreement, this book offers a unique account of how the international rules of intellectual property function in practice within a broader legal framework that consists of WTO law and dispute resolution procedures.
Book Synopsis An International Law Perspective on the Protection of Human Rights in the TRIPS Agreement by : Ping Xiong
Download or read book An International Law Perspective on the Protection of Human Rights in the TRIPS Agreement written by Ping Xiong and published by Martinus Nijhoff Publishers. This book was released on 2012-03-20 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers an analysis of the interpretation of the WTO TRIPS Agreement and its impact on the right to health. It furthers understanding of WTO jurisprudence and researches the topic in a broad framework of international law. It examines the extent to which the patent protections in the TRIPS Agreement are consistent with the right to health, and in particular with access to medicine. It helps to underpin an understanding of the relationship between human rights law and intellectual property law – specifically between the right to health and patent protection. It usefully analyses the relationship between TRIPS and the right to health and develops an understanding of interpretive techniques for use within WTO dispute settlement.
Book Synopsis Trade Related Aspects of Intellectual Property Rights by : Carlos Correa
Download or read book Trade Related Aspects of Intellectual Property Rights written by Carlos Correa and published by Oxford University Press. This book was released on 2020-07-23 with total page 660 pages. Available in PDF, EPUB and Kindle. Book excerpt: The TRIPS Agreement is the most comprehensive and influential international treaty on intellectual property rights. It brings intellectual property rules into the framework of the World Trade Organization, obliging all WTO Member States to meet minimum standards of intellectual property protection and enforcement. This has required massive changes in some national laws, particularly in developing countries. This volume provides a detailed legal analysis of the provisions of the TRIPS Agreement, as well as elements to consider their economic implications in different legal and socio-economic contexts. This book provides an in depth analysis of the principles and of the substantive and enforcement provisions of the TRIPS Agreement, the most influential international treaty on intellectual property currently in force. It discusses the legal context in which the Agreement was negotiated, the objectives of their proponents and the nature of the obligations it created for the members of the World Trade Organization. In particular, it examines the minimum standards that must be implemented with regard to patents, trademarks, industrial designs, geographical indications, copyright and related rights, integrated circuits, trade-secrets and test data for pharmaceutical and agrochemical products. Trade Related Aspects of Intellectual Property Rights: A Commentary on the TRIPS Agreement elaborates on the interpretation of provisions contained in said Agreement, in the light of the customary principles for the interpretation of international law. The analysis -which is supported by a review of the relevant GATT and WTO jurisprudence- identifies the policy space left to such members to implement their obligations in accordance with their own legal systems and public policy objectives, including in respect of complex issues such as patentability criteria, compulsory licenses, exceptions and limitations to copyright, border measures, injunctive relief and the protection of test data under the discipline of unfair competition.
Book Synopsis The Law and Policy of the World Trade Organization by : Peter Van den Bossche
Download or read book The Law and Policy of the World Trade Organization written by Peter Van den Bossche and published by Cambridge University Press. This book was released on 2005-06-10 with total page 784 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is primarily a textbook for graduate and upper-level undergraduate students of law. However, practising lawyers and policy-makers who are looking for an introduction to WTO law will also find it invaluable. The book covers both the institutional and substantive law of the WTO. While the treatment of the law is often quite detailed, the main aim of this textbook is to make clear the basic principles and underlying logic of WTO law and the world trading system. Each section contains questions and assignments, to allow students to assess their understanding and develop useful practical skills. At the end of each chapter there is a helpful summary, as well as an exercise on specific, true-to-life international trade problems.
