Now also available as
The Agreement on Trade-Related Aspects of Intellectual Property Rights (the
TRIPS Agreement), which constitutes Annex 1C of the Agreement Establishing the
World Trade Organization (WTO), is undoubtedly the most comprehensive
international agreement on intellectual property protection ever established.
This incomparable book, recognized since its first edition as the preeminent
work on its subject, thoroughly and expertly examines the intricacies of the
TRIPS provisions concerning trademarks and industrial designs.
It is organized as a paragraph-by-paragraph annotated text of the Agreement,
with detailed commentary not only on the articles specifically dealing with
industrial property but on every clause in the Agreement that could affect the
protection of trademarks and/or designs.
The second edition brings the author’s prodigious analysis of case law,
dispute settlements, ongoing scholarship, and other pertinent developments
fully up to date. With the authority and in-depth experience of a WIPO
official whose daily work is to assist developing countries implementing TRIPS
obligations in the area of industrial property, Nuno Pires de Carvalho brings
his practical insight and vast scholarship to such complex questions as the
• What is the real concept of intellectual property? What is the
characteristic that is common to patents and copyright, which promote
invention and creation, and distinctive signs that are indifferent to
invention and may even discourage it?
• How does the TRIPS Agreement interact with the Paris Convention? Should one
treaty prevail over the other in case of conflict?
• Can WTO Members envisage a third modality of exhaustion that retains the
benefits of the two known modalities (national and international exhaustion)
and yet overcomes the shortcomings of both?
• What signs constitute trademarks? What is the fundamental obligation under
TRIPS as regards trademarks: to register or to protect? Are these terms
• What elements assist in identifying a well-known mark? Does knowledge mean
• What are the limitations on the protection of non-visually perceptible marks
like sounds, scents and tastes? Is there a Human Rights dimension in the
protection of those non-traditional signs?
• What are WTO Members’ obligations as regards marks that relate to goods and
services that offend religious and moral values? Are they obliged to register
and protect them?
• What is the policy space left to WTO Members as regards trademarks and
public health (medicines, tobacco)?
• What are the mechanisms available to protect industrial designs? To what
exceptions and limitations are they subject? Can they be subject to compulsory
• What lessons can we learn so far from the Dispute Settlement Mechanism?
Lawyers, judges, scholars and government officials will find a wealth of
information and legal analysis in this new edition of The TRIPS Regime of
Trademarks and Designs that will help them identify new approaches and
solutions to problems of trademark and design law posed by the implementation
of the TRIPS Agreement. With its combination of practically-focused
article-by-article commentary and scholarly analysis and insight, it will be
an invaluable resource to all those who wish to understand industrial property
at a deeper level.