Paperback
Research Handbook on the Interpretation and Enforcement of Intellectual Property under WTO Rules
Intellectual Property in the WTO Volume II
9781849809535 Edward Elgar Publishing
This concise and detailed Handbook addresses some of the most complex issues raised by the implementation of the TRIPS Agreement globally.
Among other themes, the Handbook explores the applicability of GATT jurisprudence for the interpretation of the Agreement’s provisions. It also considers key issues relating to the enforcement of intellectual property rights, such as border measures and injunctive relief. Teamed with the first volume – Research Handbook on the Protection of Intellectual Property under WTO Rules – this analysis is supplemented by a thorough review of the most important cases on TRIPS decided under the WTO dispute settlement mechanism.
Among other themes, the Handbook explores the applicability of GATT jurisprudence for the interpretation of the Agreement’s provisions. It also considers key issues relating to the enforcement of intellectual property rights, such as border measures and injunctive relief. Teamed with the first volume – Research Handbook on the Protection of Intellectual Property under WTO Rules – this analysis is supplemented by a thorough review of the most important cases on TRIPS decided under the WTO dispute settlement mechanism.
More Information
Critical Acclaim
Contributors
Contents
More Information
This concise and detailed Handbook addresses some of the most complex issues raised by the implementation of the TRIPS Agreement globally.
Among other themes, the Handbook explores the applicability of GATT jurisprudence for the interpretation of the Agreement’s provisions. It also considers key issues relating to the enforcement of intellectual property rights, such as border measures and injunctive relief. Teamed with the first volume – Research Handbook on the Protection of Intellectual Property under WTO Rules – this analysis is supplemented by a thorough review of the most important cases on TRIPS decided under the WTO dispute settlement mechanism.
This accessible Handbook will be invaluable not only for academics, policymakers, and professionals in the area of intellectual property, but for all those interested in or working with the intricacies of the WTO system.
Among other themes, the Handbook explores the applicability of GATT jurisprudence for the interpretation of the Agreement’s provisions. It also considers key issues relating to the enforcement of intellectual property rights, such as border measures and injunctive relief. Teamed with the first volume – Research Handbook on the Protection of Intellectual Property under WTO Rules – this analysis is supplemented by a thorough review of the most important cases on TRIPS decided under the WTO dispute settlement mechanism.
This accessible Handbook will be invaluable not only for academics, policymakers, and professionals in the area of intellectual property, but for all those interested in or working with the intricacies of the WTO system.
Critical Acclaim
‘Carlos Correa has in these two Research Handbooks on the TRIPS Agreement, done a magnificent job of bringing together a large number of scholars to analyse the many issues raised by the Agreement. The result is an integrated resource of high quality that helps readers to understand the many complex dimensions of TRIPS.’
– Peter Drahos, RegNet, The Australian National University, Canberra
‘TRIPs is the only positive integration type of agreement in the WTO. Scholars have legitimately in my view, questioned its inclusion in the WTO since the protection of IP rights is no more a trade issue than many other similar issues. This is the first time that a set of well-known experts has dealt in a comprehensive manner with the vast array of issues regarding the coming-into-being, the functioning and the perspectives of the TRIPs regime under the aegis of the WTO. These two volumes will provide very useful guidance to students and policymakers alike dealing with protection of IP rights and international trade.’
– Petros C. Mavroidis, Columbia Law School, New York, US and University of Neuchâtel, Switzerland
– Peter Drahos, RegNet, The Australian National University, Canberra
‘TRIPs is the only positive integration type of agreement in the WTO. Scholars have legitimately in my view, questioned its inclusion in the WTO since the protection of IP rights is no more a trade issue than many other similar issues. This is the first time that a set of well-known experts has dealt in a comprehensive manner with the vast array of issues regarding the coming-into-being, the functioning and the perspectives of the TRIPs regime under the aegis of the WTO. These two volumes will provide very useful guidance to students and policymakers alike dealing with protection of IP rights and international trade.’
– Petros C. Mavroidis, Columbia Law School, New York, US and University of Neuchâtel, Switzerland
Contributors
Contributors: E.T. Biadgleng, S. Charlier, S. Frankel, X. Li, V. Muñoz Tellez, M.J. Oliva, P. Roffe, M. Santa Cruz, J.D. Sarnoff, D. Shabalala, C. Spennemann, D. Vivas-Eugui
Contents
Contents:
Preface
INTERPRETATION, ENFORCEMENT AND IMPLEMENTATION
1. The Applicability of GATT Jurisprudence to the Interpretation of the TRIPS Agreement
Susy Frankel
2. TRIPS-Plus-Plus Initiatives on Broad Border Measures: Features and Implications
Xuan Li
3. Lessons from the United States in Regard to the Recent, More Flexible Application of Injunctive Relief
Joshua D. Sarnoff
4. Accession to the WTO, Intellectual Property Rights and Domestic Institutions
Ermias Tekeste Biadgleng
5. The WTO Dispute on Trademarks and Geographical Indications: Some Implications for Trade Policy-Making and Negotiations
David Vivas-Eugui and María Julia Oliva
6. United States – Section 110(5) of the US Copyright Act: Summary and Analysis
Dalindyebo Shabalala
7. WTO Panel on United States – Section 110(5) of the US Copyright Act
Maximiliano Santa Cruz
8. Dispute Settlement Under the TRIPS Agreement: The United States–Brazil (2000) and United States–Argentina (2002) Patent Disputes
Viviana Muñoz Tellez
9. Canada – Patent Protection of Pharmaceutical Products
Pedro Roffe and Christoph Spennemann
10. Mandatory Regulation versus Discretionary Regulation, Unilateralism, and National Treatment: An Analysis of the United States – Section 211 Omnibus Appropriations Act of 1998 Dispute
Christophe Charlier
Index
Preface
INTERPRETATION, ENFORCEMENT AND IMPLEMENTATION
1. The Applicability of GATT Jurisprudence to the Interpretation of the TRIPS Agreement
Susy Frankel
2. TRIPS-Plus-Plus Initiatives on Broad Border Measures: Features and Implications
Xuan Li
3. Lessons from the United States in Regard to the Recent, More Flexible Application of Injunctive Relief
Joshua D. Sarnoff
4. Accession to the WTO, Intellectual Property Rights and Domestic Institutions
Ermias Tekeste Biadgleng
5. The WTO Dispute on Trademarks and Geographical Indications: Some Implications for Trade Policy-Making and Negotiations
David Vivas-Eugui and María Julia Oliva
6. United States – Section 110(5) of the US Copyright Act: Summary and Analysis
Dalindyebo Shabalala
7. WTO Panel on United States – Section 110(5) of the US Copyright Act
Maximiliano Santa Cruz
8. Dispute Settlement Under the TRIPS Agreement: The United States–Brazil (2000) and United States–Argentina (2002) Patent Disputes
Viviana Muñoz Tellez
9. Canada – Patent Protection of Pharmaceutical Products
Pedro Roffe and Christoph Spennemann
10. Mandatory Regulation versus Discretionary Regulation, Unilateralism, and National Treatment: An Analysis of the United States – Section 211 Omnibus Appropriations Act of 1998 Dispute
Christophe Charlier
Index
