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Now into its second decade, the Agreement on Trade-Related Aspects of
Intellectual Property Rights (TRIPS) continues to meet challenges raised by
ongoing technological changes as it affirms an increasing degree of latitude
to national authorities in its implementation. Important developments and
controversies witnessed in the nine years since the first edition of this
much-welcomed treatise include issues of public health, implications of the
Agreement on the realization of human rights, and continuous debates on
geographic indications and the appropriation of genetic resources. This second
edition incorporates the analysis of key provisions of the Agreement resulting
from dispute settlement procedures under WTO rules. As in the first edition,
Intellectual Property and International Trade may be relied upon for in-depth
clarification of such matters as the following:
substantive standards established under the agreement;
legislative latitude allowed to Member States;
protection of copyrights and related rights;
protection of trademarks, geographical indications and industrial designs;
patent protection and conditions and limitations of compulsory licences;
protection of integrated circuit design;
protection of confidential (undisclosed) information;
and interface between competition law and intellectual property protection.
Comprising 14 chapters contributed by a distinguished panel of experts
representing diverse parties – international organisations, legal practice,
government policy, and industry – Intellectual Property and International
Trade offers a framework for understanding the background, principles, and
complex provisions of the TRIPS Agreement. Throughout the book, the authors
emphasize the implications of the Agreement for different groups of countries,
especially for developing countries. Particular attention is given to the
degree of autonomy left for Member States in the implementation of the various
provisions of the Agreement in their domestic legislation.
Thoroughly revised and updated, the second edition will be of great value to
all professionals and business people concerned with international trade. It
stimulates further discussion and analysis in this area of growing importance
to international law and international economic relations, particularly
regarding the possibilities offered by the Agreement and the loose ends that
may need consideration in the future at the national or international level.
Editors and Contributing Authors.Introduction.
Part I: Understanding TRIPS. 1.
TRIPS: Background, Principles and General Provisions; A.A. Yusuf. 2.
Universal Minimum Standards of Intellectual Property Protection under the
TRIPS Component of the WTO Agreement; J.H. Reichman. 3. The
Application and Interpretation of the Agreement on Trade-Related Aspects of
Intellectual Property Rights; A. Moncayo von Hase.
Part II: New Standards for IPR
Protection. 4. Copyright and Related Rights; A. Bercovitz. 5.
Intellectual Property Rules for rademarks and Geographical Indications; J.
Keon. 6. The Evolving Regime for Geographical Indications in WTO
and in Free Trade Agreements; D. Vivas-Egui, C. Spennemann. 7.
Protecting Values in Industrial Designs; J. Phillips. 8. Patent
Rights; C.M. Correa. 9. Layout Designs of Integrated Circuits;
C.M. Correa. 10. Protection of Trade Secrets and Confidential
Information; F. Dessemontet. 11. Control of Anti-competitive
Practices in Contractual Licences under the TRIPS Agreement; P. Roffe, C.
Spennemann. 12. TRIPS Dispute Settlement and Developing Countries;
Part III: Special Issues. 13. TRIPS and Human Rights; X. Seuba.
14. The TRIPS Agreement and Public Health; S.F. Musungu.
Appendices: I. Agreement on Trade-Related Aspects of Intellectual Property
Rights (TRIPS Agreement) (1994). II. Proposals Submitted by Various
Countries During the TRIPS Negotiations. III. Declaration on the TRIPS
Agreement and Public Health Adopted on 14 November 2001 by the 4th WTO
Ministerial Conference. IV. Decision of the General Council of 30
August 2003. Implementation of Paragraph 6 of the Doha Declaration on the
TRIPS Agreement and Public Health. V. Annex to the Protocol Amending
the TRIPS Agreement Adopted by the General Council (Decision of 6 December