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.
About the Author
Carlos Correa, Director, Centre for Interdisciplinary Studies on Industrial Property and Economics, University of Buenos Aires,
Carlos Maria Correa is Director of the Center for Interdisciplinary Studies on Industrial Property and Economics at the Law Faculty, University of Buenos Aires, and Special Advisor on Intellectual Property and Trade of the South Centre (Geneva). He has been visiting professor in post-graduate courses of several universities and consultant to various regional and international organizations. He has advised several governments on intellectual property, innovation policy and public health. He was a member of the UK Commission on Intellectual Property, of the Commission on Intellectual Property, Innovation and Public Health established by the World Health Assembly and of the FAO Panel of Eminent Experts on Ethics in Food and Agriculture. He is the author of several books and numerous articles.
Table of Contents
I General Provisions And Basic Principles
II Standards Concerning the Availability, Scope, and Use of Intellectual Property Rights
1. Copyright and Related Rights
3. Geographical Indications
4. Industrial Designs
6. Layout-Designs (Topographies) of Integrated Circuits
7. Protection of Undisclosed Information
8. Control of Anti-Competitive Practices in Contractual Licences
III Enforcement of Intellectual Property Rights
9. General Obligations
10. Civil and Administrative Procedures and Remedies
11. Provisional Measures
12. Special Requirements Related to Border Measures
13. Criminal Procedures
IV Acquisition and Maintenance of Intellectual Property Rights and Related Inter-Partes Procedures
V Dispute Prevention and Settlement
VI Transitional Arrangements
VII Institutional Arrangments; Final Provisions