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Intellectual Property Rights in a Fair World Trade System

Proposals for Reform of TRIPS Edited by Annette Kur, Professor, Max Planck Institute for Innovation and Competition, Munich, Germany
This important new book constitutes a serious examination of both the positive potential, as well as the deficiencies, of the TRIPS agreement. In the light of their analysis, the editors and their colleagues make a powerful case for wide ranging reforms.
Extent: 640 pp
Hardback Price: $208.00 Web: $187.20
Publication Date: 2011
ISBN: 978 1 84980 009 9
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  • Law - Academic
  • Intellectual Property Law
  • International Economic Law, Trade Law
This important new book constitutes a serious examination of both the positive potential, as well as the deficiencies, of the TRIPS agreement. In the light of their analysis, the editors and their colleagues make a powerful case for wide ranging reforms.

Intellectual Property (IP) law – particularly in relation to international trade regimes – is increasingly finding itself challenged by rapid developments in the technological and global economic landscapes. In its attempt to maintain a responsive legislative system that is interacting successfully with global trade rules, IP is having to respond to an increasing number of actors on an international level. This book examines the problems associated with this undertaking as well as suggesting possible revisions to the TRIPS agreement that would make it more relevant to the environment in which today’s IP mechanisms are operating. The overall aim is to find an adequate response to the ‘IP balance dilemma’. The theme is pursued throughout various topics, including a look at what this means in relation to the economy in a country like China, and also considering how IP is increasingly having to reconcile itself with human rights issues.

This book will appeal to academics, policy makers and post-graduate students in IP and international trade law, as well as related fields, such as development and human rights.
‘This book is essential reading for anyone interested in intellectual property, global trade, international law, human rights, development, and competition. While many have lamented the impact of the TRIPS Agreement on the creative environment and social welfare, the heart of the volume is a deeply thoughtful, well-considered proposal for modifying the Agreement. The lead-up is equally compelling: essays by renowned experts describing the substantive, procedural, and institutional problems encountered post-TRIPS and an examination of socially responsible ways to promote innovation.’
– Rochelle Dreyfuss, New York University, School of Law, US

‘This book culminates Professor Annette Kur’s longtime engagement in critique and reform of dominant IP patterns. Throughout several authoritative essays – many by Professor Kur herself – the book provides a comprehensive and in-depth overview of the ever growing academic efforts which, at an international level, struggle to reshape IP law paradigms in tune with the enhancement of public goods and interests – even beyond the mere perspective of IP law’s intersections with competition and consumer welfare in strict sense. This work constitutes a “must” for all those who, at any level of function and responsibility, engage in overcoming an historic unbalance that has so far basically precluded an adequate reconciliation of IP law with fundamental societal needs.’
– Gustavo Ghidini, University of Milano, and LUISS University, Rome, Italy
Contributors: A. Bakardjieva Engelbrekt, H. Grosse Ruse-Khan, A. Kur, M. Levin, F. Papadopoulou, J. Schovsbo, A. Wechsler
Contents:

Preface

PART I: BACKGROUND
1. The Pendulum Keeps Swinging – Present Discussions on and Around the TRIPS Agreement
Marianne Levin

2. Spotlight on China: Piracy, Enforcement, and the Balance Dilemma in Intellectual Property Law
Andrea Wechsler

3. The WTO Dispute Settlement System and the Evolution of International IP Law: An Institutional Perspective
Antonina Bakardjieva Engelbrekt

4. Assessing the Need for a General Public Interest Exception in the TRIPS Agreement
Henning Grosse Ruse-Khan

5. Limitations and Exceptions Under the Three-Step-Test – How Much Room to Walk the Middle Ground?
Annette Kur

6. TRIPS and Human Rights
Frantzeska Papadopoulou

7. Fire and Water Make Steam – Redefining the Role of Competition Law in TRIPS
Jens Schovsbo

8. Enough is Enough – The Notion of Binding Ceilings in International Intellectual Property Protection
Annette Kur and Henning Grosse Ruse-Khan

9. Expropriation or Fair Game for All? The Gradual Dismantling of the IP Exclusivity Paradigm
Annette Kur and Jens Schovsbo

PART II: PROPOSED AMENDMENTS TO TRIPS
Proposed Amended Text (Synopsis)
Explanatory Memorandum

Index