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In this brilliantly conceived and authoritative work the eminent intellectual
property specialist Nuno Pires de Carvalho focuses on the mechanisms,
obligations, and opportunities of trade secret protection under the Agreement
on Trade-Related Aspects of Intellectual Property Rights (TRIPS). With the
powerful knowledge base derived from his long experience both at the World
Trade Organization (WTO) and the World Intellectual Property Organization
(WIPO), he illuminates the crucial relationship of antitrust and industrial
property, clearly demonstrating – in contrast to much “received wisdom” – the
intrinsic pro-competitive nature of intellectual property and of industrial
property in particular. Using an extraordinary wealth of practical detail, and
offering hundreds of pointed hypothetical and actual examples, Pires de
Carvalho dispels the murkiness around such essential concepts and provisions
as the following:the inevitable interdependence of industrial property and
abuses of patent rights and the vexed issue of patents and monopolies;
the legal implications of international exhaustion under Article 6;
the meaning of “balance of rights and obligations” under Article 7;
divestiture and the fruits doctrine under Article 32;
international cooperation in identifying antitrust violations in licensing
protection of confidential information in court proceedings;
protection of undisclosed test data against unfair commercial use under
and the WTO Dispute Settlement Mechanism in the context of undisclosed
Of special value in this book is the author’s far-reaching analysis of
the controversial emerging field of test data protection in industrial
The TRIPS Regime of Antitrust and Undisclosed Information provides a
practical and insightful explanation of the meaning of the relevant TRIPS
provisions, of how they should be reflected in national law and how courts are
expected to enforce them. It combines an easy-to-follow article-by-article
commentary on the TRIPS Agreement with a theoretical scholarly analysis that
makes of it an invaluable resource to all those who wish to understand
industrial property rights at a deeper level. Lawyers, judges, scholars and
government officials will find an abundance of information and legal analysis
here that will help them identify antitrust issues and solutions to problems
of trade secrets posed by the implementation of the TRIPS Agreement.
Introductory Note: The Legal Structure and the Economic Nature of Intellectual
The TRIPS Regime of Antitrust. Introduction.
General Provisions and Basic Principles.
Standards Concerning the Availability, Scope and Use of Intellectual Property
Licensing and Assignment.
Other Use Without Authorization of the Right Holder.
Control of Anti-Competitive Practices in Contractual Licences.
The TRIPS Regime of Undisclosed Information.
Protection of Undisclosed Information. Article 39.
Agreement and Declarations.