Now also available as
The Trips Regime of Patent Rights articulates with unmatched clarity
the specific steps that a government must take, in a wide variety of possible
contexts, to ensure that its patent-related obligations under TRIPS are met.
The presentation is arranged in an article-by-article format, following the
TRIPS Agreement itself as it relates to patents. In this way, the author’s
incisive analysis covers every issue arising in patent administrative and
legal practice, including the following:
• disclosure of the origin of genetic resources in patent applications;
• detailed new commentary on trade secrets and test data under Article 39;
• linkage between patent protection and the marketing approval of
• relationship with the Convention on Biological Diversity;
• interaction with the Paris Convention;
• public health considerations;
• alternate ways to transpose TRIPS obligations into national law;
• alternativeness of inventions as a condition of patentability; and
• standards of intellectual property protection as a bargaining chip in
The TRIPS Agreement has a direct impact on the daily lives of corporations,
governments, and consumers. This book contains a very practical explanation of
the meaning of the patent-related TRIPS provisions, how they should be
reflected in national law, and how courts are expected to enforce them. For
these reasons and more, the Third Edition of The TRIPS Regime of Patent
Rights is a crucially important resource for lawyers seeking compliance
and government officials charged with the implementation of TRIPS obligations.
Foreword. Introduction. The primary function of patents: to inventions in a
relatively accurate manner (as compared to trade secrets and public
Part I: General Provisions and Basic Principles. Article 1.
Nature and Scope of Obligations. Article 2. Intellectual Property
Conventions. Article 3. National Treatment. Article 4.
Most-Favoured-Nation Treatment. Article 5. Multilateral Agreements on
Acquisition or Maintenance of Protection. Article 6. Exhaustion.
Article 7. Objectives. Article 8. Principles
Part II: Standards Concerning the Availability, Scope and Use of
Intellectual Property Rights. Section 5: Patents. Article 27. Patentable
Subject Matter. Article 28. Rights Conferred. Article 29.
Conditions on Patent Applicants. Article 30. Exceptions to Rights
Conferred. Article 31. Other Use Without Authorization of the Right
Holder. Article 32. Revocation/Forfeiture. Article 33. Term of
Protection. Article 34. Process Patents: Burden of Proof. Section 7:
Protection of Undisclosed Information. Article 39. Part V: Dispute
Prevention and Settlement. Article 64. Dispute Settlement.
VI: Transitional Arrangements. Article 65. Transitional
Arrangements. Article 66. Least-Developed Country Members. Article
70. Protection of Existing Subject Matter.