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Author: Nuno Pires de Carvalho Publisher: Kluwer Law International B.V. ISBN: 9041189262 Category : Law Languages : en Pages : 656
Book Description
This preeminent work has proven the best practical commentary on the TRIPS agreement related to patents and test data. This fifth edition, in which the author has revised the whole text and updated various arguments, continues to articulate with unmatched clarity the specific steps that a government or a company 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 and test data. In this way, the author’s incisive analysis covers every issue likely to arise in today’s patent and test data administrative and legal practice, including the following: ·significance of the recent entry into force of Article 31bis; · developments in enforcement of patent rights in the context of competition law; · the potential effects of Brexit and the new protectionist inclination of US trade policy; · expanded commentary on trade secrets and test data under Article 39; · alternate ways to transpose TRIPS obligations into national law; and · standards of intellectual property protection as a bargaining chip in international trade. The TRIPS Agreement has a direct impact on the daily activities 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 Fifth Edition is a crucially important resource for patent and public health lawyers seeking compliance as well as for government officials charged with the implementation of TRIPS obligations.
Author: Nuno Pires de Carvalho Publisher: Kluwer Law International B.V. ISBN: 9041189262 Category : Law Languages : en Pages : 656
Book Description
This preeminent work has proven the best practical commentary on the TRIPS agreement related to patents and test data. This fifth edition, in which the author has revised the whole text and updated various arguments, continues to articulate with unmatched clarity the specific steps that a government or a company 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 and test data. In this way, the author’s incisive analysis covers every issue likely to arise in today’s patent and test data administrative and legal practice, including the following: ·significance of the recent entry into force of Article 31bis; · developments in enforcement of patent rights in the context of competition law; · the potential effects of Brexit and the new protectionist inclination of US trade policy; · expanded commentary on trade secrets and test data under Article 39; · alternate ways to transpose TRIPS obligations into national law; and · standards of intellectual property protection as a bargaining chip in international trade. The TRIPS Agreement has a direct impact on the daily activities 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 Fifth Edition is a crucially important resource for patent and public health lawyers seeking compliance as well as for government officials charged with the implementation of TRIPS obligations.
Author: Unctad-ictsd Publisher: ISBN: 9781139444972 Category : Economic development Languages : en Pages : 829
Book Description
NAture of obligations, principles and objectives; Substantive obligations; Intellectual property rights and competition; Enforcemente, maintenance and acquisition of rights; Interpretation and dispute settlement and prevention; Transitional and institutional arragements.
Author: Carlos M. Correa Publisher: Kluwer Law International B.V. ISBN: 9041166580 Category : Law Languages : en Pages : 452
Book Description
The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is the most far-reaching and comprehensive legal regime ever concluded at the multilateral level in the area of intellectual property rights (IPR). Compared to prior IPR conventions, TRIPS constitutes a major qualitative leap which radically modifies not only the context in which IPR are considered internationally, but also their substantive content and the methods for their enforcement and dispute settlement. This much-welcomed treatise, now in its third edition, thoroughly updates its comprehensive analysis of the substantive provisions of the Agreement and their actual interpretation and application in different jurisdictions, with new material on the burgeoning case law and on major changes in plant variety protection. As in previous editions, the book may be relied upon for in-depth clarification of such matters as the following: • standards established under the agreement; • enforcement measures; • social and legal issues; • legal and policy possibilities offered; • legislative latitude allowed to WTO Member States; • incorporation of TRIPS into domestic law; • protection of integrated circuit design; • protection of innovation and R&D for diseases that disproportionately affect developing countries; • challenges raised by ongoing technological changes; • access to medicines; • protection of confidential (undisclosed) information; and • interface between competition law and intellectual property protection. With fifteen chapters contributed by a distinguished panel of experts representing diverse parties — international organisations, legal practice, government policy, and academia — the third edition offers an incomparable framework for understanding the background, principles, and complex provisions of the TRIPS Agreement. Thoroughly revised and updated, the third 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.
Author: Jayashree Watal Publisher: Springer ISBN: Category : Law Languages : en Pages : 536
Book Description
Although it is common knowledge that the compliance of developing countries with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) has become a serious stumbling block in the WTO agenda, the underlying reasons why this is so have not been dispassionately analyzed until the appearance of this book. Here, for the first time, is a thorough and secure foundation on which international trade lawyers and business people can build a global intellectual property regime that is both productive and fair. The implementation of the TRIPS regime with its enormous effect on national and global strategies for healthcare, agriculture, and the environment, among other crucial sectors of the world economy is clearly among the most critical projects currently under way in the field of international relations. As a former TRIPS negotiator for India, Jayashree Watal brings great authority to her account of the benefits and pitfalls of TRIPS compliance for developing countries. She provides a detailed understanding of how TRIPS was negotiated at the Uruguay Round, how various countries have implemented it so far, and how the WTO monitors compliance. She reveals how the WTO dispute settlement process has worked to date in matters involving TRIPS, and how it is likely to deal with new issues that arise. Most importantly, she explains how developing countries can interpret TRIPS to their best advantage, and how to ensure that the `constructive ambiguity' that characterizes the agreement remains flexible.
Author: Ellen F. M. 't Hoen Publisher: ISBN: 9789079700066 Category : Agreement on Trade-Related Aspects of Intellectual Property Rights Languages : en Pages : 136
Book Description
In The Global Politics of Pharmaceutical Monopoly Power, researcher and global advocate Ellen 't Hoen explains how new global rules for pharmaceutical patenting impact access to medicines in the developing world. The book gives an account of the current debates on intellectual property, access to medicines, and medical innovation, and provides historical context that explains how the current system emerged. This book supports major policy changes in the management of pharmaceutical patents and the way medical innovation is financed in order to protect public health and, in particular, promote access to essential medicines for all. The Open Society Institute provided support to translate this report into Russian.
Author: Shayerah Ilias Publisher: Nova Publishers ISBN: 9781604565621 Category : Business & Economics Languages : en Pages : 84
Book Description
Introduction -- Intellectual property rights basics -- Global intellectual property holdings -- Contribution of intellectual property to U.S. economy -- The organized structure of IPR protection -- U.S. trade law -- Issues for Congress.
Author: Jayashree Watal Publisher: ISBN: 9789287042330 Category : Agreement on Trade-Related Aspects of Intellectual Property Rights Languages : en Pages : 0
Book Description
A comprehensive account of the establishment of the World Trade Organization, focusing on those who shaped its creation as well as those who have influenced its evolution. The book examines trade negotiations, the WTO's dispute settlement role, the presence of coalitions and groupings within the WTO, the process of joining the organization and many other topics, including what lies ahead for the organization.
Author: Nuno Pires de Carvalho Publisher: Kluwer Law International B.V. ISBN: 9041126430 Category : Law Languages : en Pages : 422
Book Description
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.
Author: World Intellectual Property Organization Publisher: WIPO ISBN: 9280523082 Category : Law Languages : en Pages : 259
Book Description
This study has emerged from an ongoing program of trilateral cooperation between WHO, WTO and WIPO. It responds to an increasing demand, particularly in developing countries, for strengthened capacity for informed policy-making in areas of intersection between health, trade and IP, focusing on access to and innovation of medicines and other medical technologies.
Author: Nuno Pires de Carvalho
Author: Nuno Pires de Carvalho
Author: Unctad-ictsd
Author: Carlos M. Correa
Author: Jayashree Watal
Author: Ellen F. M. 't Hoen
Author: Shayerah Ilias
Author: Jayashree Watal
Author: Nuno Pires de Carvalho
Author: World Intellectual Property Organization
Author: Susan K. Sell