Intellectual Property: Trade, Competition, and Sustainable Development The World Trade Forum, Volume 3

The incorporation of intellectual property protection into the WTO international trading system has been a milestone in international economic law and has added a new dimension to trade regulation — new rights and obligations and new challenges alike. The contributors, leading scholars and practitioners in the field, provide insights into the legal relationship of the TRIPs Agreement to the GATT 94 and the GATS. The book widens the debate with a thorough discussion on pending and unresolved relations of TRIPs, the WTO, UPOV, the Convention on Biodiversity and Farmers' Rights contained in the FAO International Undertaking, and efforts of the World Bank GCIAR system, including IPGRI. What will be the impact of TRIPs on ownership of plant genetic resources?
Largely a victory for OECD countries, the present state of intellectual property rights has important implications for developing countries. The incorporation of intellectual property rights into the WTO system will eventually change the relationship of trade, competition, and intellectual property. It will equally have to assist in providing equitable sharing of benefits in the use of plant genetic resources. All of these issues are essential for the revision of exclusions from patenting in TRIPs. This volume offers insights into how this difficult task could and should be approached in a balanced manner and will be essential reading for economists and trade and intellectual property lawyers interested in the subject. Moreover, the volume will be relevant to agricultural economists as it addresses complex problems in the interstices of trade, intellectual property, plant genetic resources, and sustainable development.
Thomas Cottier is Professor of European and International Economic Law, University of Bern, and Managing Director, World Trade Institute, University of Bern.
Petros C. Mavroidis is Professor of Law, University of Neuchâtel. He formerly worked in the Legal Affairs Division of the World Trade Organization.
Marion Panizzon is Research Fellow, University of Bern.
Simon Lacey is Research Fellow, University of Bern.

1116779765
Intellectual Property: Trade, Competition, and Sustainable Development The World Trade Forum, Volume 3

The incorporation of intellectual property protection into the WTO international trading system has been a milestone in international economic law and has added a new dimension to trade regulation — new rights and obligations and new challenges alike. The contributors, leading scholars and practitioners in the field, provide insights into the legal relationship of the TRIPs Agreement to the GATT 94 and the GATS. The book widens the debate with a thorough discussion on pending and unresolved relations of TRIPs, the WTO, UPOV, the Convention on Biodiversity and Farmers' Rights contained in the FAO International Undertaking, and efforts of the World Bank GCIAR system, including IPGRI. What will be the impact of TRIPs on ownership of plant genetic resources?
Largely a victory for OECD countries, the present state of intellectual property rights has important implications for developing countries. The incorporation of intellectual property rights into the WTO system will eventually change the relationship of trade, competition, and intellectual property. It will equally have to assist in providing equitable sharing of benefits in the use of plant genetic resources. All of these issues are essential for the revision of exclusions from patenting in TRIPs. This volume offers insights into how this difficult task could and should be approached in a balanced manner and will be essential reading for economists and trade and intellectual property lawyers interested in the subject. Moreover, the volume will be relevant to agricultural economists as it addresses complex problems in the interstices of trade, intellectual property, plant genetic resources, and sustainable development.
Thomas Cottier is Professor of European and International Economic Law, University of Bern, and Managing Director, World Trade Institute, University of Bern.
Petros C. Mavroidis is Professor of Law, University of Neuchâtel. He formerly worked in the Legal Affairs Division of the World Trade Organization.
Marion Panizzon is Research Fellow, University of Bern.
Simon Lacey is Research Fellow, University of Bern.

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Intellectual Property: Trade, Competition, and Sustainable Development The World Trade Forum, Volume 3

Intellectual Property: Trade, Competition, and Sustainable Development The World Trade Forum, Volume 3

Intellectual Property: Trade, Competition, and Sustainable Development The World Trade Forum, Volume 3

Intellectual Property: Trade, Competition, and Sustainable Development The World Trade Forum, Volume 3

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Overview

The incorporation of intellectual property protection into the WTO international trading system has been a milestone in international economic law and has added a new dimension to trade regulation — new rights and obligations and new challenges alike. The contributors, leading scholars and practitioners in the field, provide insights into the legal relationship of the TRIPs Agreement to the GATT 94 and the GATS. The book widens the debate with a thorough discussion on pending and unresolved relations of TRIPs, the WTO, UPOV, the Convention on Biodiversity and Farmers' Rights contained in the FAO International Undertaking, and efforts of the World Bank GCIAR system, including IPGRI. What will be the impact of TRIPs on ownership of plant genetic resources?
Largely a victory for OECD countries, the present state of intellectual property rights has important implications for developing countries. The incorporation of intellectual property rights into the WTO system will eventually change the relationship of trade, competition, and intellectual property. It will equally have to assist in providing equitable sharing of benefits in the use of plant genetic resources. All of these issues are essential for the revision of exclusions from patenting in TRIPs. This volume offers insights into how this difficult task could and should be approached in a balanced manner and will be essential reading for economists and trade and intellectual property lawyers interested in the subject. Moreover, the volume will be relevant to agricultural economists as it addresses complex problems in the interstices of trade, intellectual property, plant genetic resources, and sustainable development.
Thomas Cottier is Professor of European and International Economic Law, University of Bern, and Managing Director, World Trade Institute, University of Bern.
Petros C. Mavroidis is Professor of Law, University of Neuchâtel. He formerly worked in the Legal Affairs Division of the World Trade Organization.
Marion Panizzon is Research Fellow, University of Bern.
Simon Lacey is Research Fellow, University of Bern.


Product Details

ISBN-13: 9780472026432
Publisher: University of Michigan Press
Publication date: 04/23/2010
Series: Studies In International Economics , #3
Sold by: Barnes & Noble
Format: eBook
Pages: 552
File size: 783 KB

About the Author

Thomas Cottier is Professor of European and International Economic Law, University of Bern, and Managing Director, World Trade Institute, University of Bern.

Petros C. Mavroidis is Professor of Law, University of Neuchâtel. He formerly worked in the Legal Affairs Division of the World Trade Organization.

Marion Panizzon is Research Fellow, University of Bern.

Simon Lacey is Research Fellow, University of Bern.

Table of Contents

Contents

Abbreviations and Acronyms

Authors and Conference Participants

Preface

Intellectual Property: Trade, Competition, and Sustainable Development - An Overview

Cottier

Thomas

Mavroidis

Petros C.

Part I

Intellectual Property in the Multilateral Trading System

1

From Negative to Positive Integration in the WTO: The TRIPS Agreement and the WTO Constitution

Petersmann

Ernst-Ulrich

2

The Triangle of TRIPs, GATT and GATS

Davey

William J.

Zdouc

Werner

3

Comments on the Paper Presented by Ernst-Ulrich Petersmann

Bourgeois

Jacques H.J.

4

Comments on the Paper Presented by William J. Davey and Werner Zdouc

Bourgeois

Jacques H.J.

5

Comments on the Papers Presented by Ernst-Ulrich Petersmann and William J. Davey/Werner Zdouc

Howse

Robert

6

The First Five Years (1995-1999): Implementing and Enforcing TRIPs Obligations

Otten

Adrian

7

The TRIPs Agreement Comes of Age: Conflict or Cooperation in the Post-Transitional Phase?

Reichman

Jerome H.

8

Comments on the Papers Presented by Adrian Otten and Jerome H. Reichman

Schefer

Krista Nadakavukaren

Part II

Intellectual Property in Regional and National Trade Laws

9

Parallel Imports, Free Movement and Competition Rules: The European Experience and Perspective

Demaret

Paul

Govaere

Inge

10

Political Economy of the U.S. Parallel Trade Experience: Toward a More Thoughtful Policy

Abbott

Frederick M.

11

Issues Regarding Parallel Importation of Trademarked and Patented Products and Competition Policy in Japan

Matsushita

Mitsuo

12

Parallel Imports and IPR-Based Dominant Positions: Where Do India's Interests Lie?

Watal

Jayashree

13

Parallel Imports into Switzerland – A Spot of Global Free Trade amidst Fortress Europe?

Meitinger

Ingo

14

Where Should WTO Law Go on the Exhaustion of Intellectual Property Rights?

Bronckers

Marco C.E.J.

15

Intellectual Property Rights, Competition Policy and International Trade: Reflections on the Work of the WTO Working Group on the Interaction between Trade and Competition Policy (1996–1999)

Anderson

Robert D.

16

A Short Note on Competition Rules in the WTO

Palmeter

David

17

Roundtable Discussion on Parts I and II

Part III

Intellectual Property, Genetic Engineering and Sustainable Development

18

Intellectual Property, Biotechnology, and International Trade: Two Examples

Barton

John H.

19

Which Rules in World Trade Law – Patents or Plant Variety Protection?

Llewelyn

Margaret

20

Patenting of Life Forms – The European Experience and Perspectives

Straus

Joseph

21

Elements for the Protection of Farmers' Plant Varieties

Correa

Carlos M.

22

Conserving Biodiversity and Rewarding Associated Knowledge and Innovation Systems: Honey Bee Perspective

Gupta

Anil K.

23

Technology Transfer in Agricultural Biotechnology: The Developing Country Perspective

Fink

Carsten

Braga

Carlos A. Primo

24

Comments on the Papers Presented by Anil K. Gupta and Carsten Fink/Carlos A. Primo Braga

Grether

Jean-Marie

Melo

Jaime de

25

Management of Plant Genetic Resources in the CGIAR: Problems, Prospects and the Quest for Equity

Hawtin

Geoffrey

26

Major Legal Regimes Affecting Plant Genetic Resources (PGR): The Convention on Biological Diversity (CBD), the International Undertaking (IU) and the TRIPs Agreement

Bragdon

Susan H.

27

The Concept of Farmers' Rights, the Role of FAO and the TRIPs Agreement

Girsberger

Martin A.

28

Incentives to Bring about Conservation and Sustainable Use of Genetic Resources in the Framework of the World Trade Order

Biber-Klemm

Susette

29

Comment: Some Thoughts on Managing the Interface between Intellectual Property, Genetic Engineering and Sustainable Development

Footer

Mary E.

30

Comments on the Papers Presented by Geoffrey Hawtin, Susan H. Bragdon, Martin A. Girsberger, and Joseph Straus

Quick

Reinhard

31

What Is the Future Role for the CBD in the Preservation of Plant Genetic Resources and Biological Diversity: A Plea for Policy Coherence

Bail

Christoph

32

Roundtable Discussion on Part III

Part IV

Conclusions

33

Conclusions

Cottier

Thomas

Mavroidis

Petros C.

Annex

The Legal Texts

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