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Twenty-Five Years of the TRIPS Agreement


ISBN13: 9789403528830
Published: December 2021
Publisher: Kluwer Law International
Country of Publication: Netherlands
Format: Hardback
Price: £120.00



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25 Years of the TRIPS Agreement is the comprehensive coverage of the historical background, the current situation and possible future developments of the agreement. The TRIPS Agreement was seen as embodying a new gold standard of intellectual property protection that reformed the Paris and Berne Conventions and made further IP agreements unnecessary. Since the introduction of the agreement in 1994, both the promise and the main achievement of TRIPS were eroded by the multilateral approach giving way to new bilateralism through free trade agreements which continue to pervade trends and developments in international law, not only in IP but in trade law also. This commentary focuses on the influence of all topics in IP covered by the agreement including enforcement and dispute resolution.

What’s in this book:

The editors have assembled a group of renowned IP law practitioners and academics who highlight the development of the TRIPS Agreement in the different areas of intellectual property law covered by the agreement (copyrights; trade marks; geographical indications; patents; data protection and enforcement) both in historical perspective and in their development in the last 25 years. An additional three chapters cover:

  • most-favoured-nation obligations in regard of subsequent free trade agreements
  • how societal interests alter the interpretation of TRIPS obligations
  • the judicial role in the WTO panels and Appellate Body
  • minimum standards and reduction of flexibilities in IP policy
  • relationship of WTO/TRIPS with other international agreements

How this will help you:

As intellectual property has become more pervasive in society than ever before – and as both technology related to the use of IP and the way protected works are consumed have changed beyond recognition over the past 25 years – jurists, academics, and practitioners in IP and trade law will welcome this unique opportunity to test the true scope of national sovereignty in the interpretation of intellectual property rights.

Subjects:
Intellectual Property Law
Contents:
Preface
About the Authors and Editors
Chapter 1. To the End of History and Back Again: A Critical Look at the Political Promise of TRIPS
Jens Hillebrand Pohl
Chapter 2. TRIPS in the Context of International Law
Anselm Kamperman Sanders
Chapter 3. TRIPS in the Field of Copyright
Marketa Trimble
Chapter 4. TRIPS and Trade Marks
Guy Tritton
Chapter 5. TRIPS and Geographical Indications
Natale Rampazzo
Chapter 6. TRIPS, TRIPS Plus and the Patent Bargain
Christopher Heath
Chapter 7. TRIPS in the Field of Test Data Protection
Peter K. Yu
Chapter 8. TRIPS and Enforcement: Balance and New Challenges
Xavier Seuba
Chapter 9. The TRIPS Agreement and WTO Dispute Settlement: Past, Present and Future
Peter Van den Bossche

Index of Cases
Subject Index