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Vol 22 No 10 Oct/Nov 2017

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Lindley & Banks on Partnership

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Trade Related Aspects of Intellectual Property Rights: A Commentary on the TRIPS Agreement 2nd ed

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ISBN13: 9780198707219
Previous Edition ISBN: 9780199271283
To be Published: November 2018
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £125.00



The TRIPS Agreement is the most comprehensive and influential international treaty on intellectual property rights. It brings intellectual property rules into the framework of the World Trade Organization, obliging all WTO Member States to meet minimum standards of intellectual property protection and enforcement. This has required massive changes in some national laws, particularly in developing countries. This volume provides a detailed legal analysis of the provisions of the TRIPS Agreement, as well as elements to consider their economic implications in different legal and socio-economic contexts.

This book provides an in depth analysis of the principles and of the substantive and enforcement provisions of the TRIPS Agreement, the most influential international treaty on intellectual property currently in force. It discusses the legal context in which the Agreement was negotiated, the objectives of their proponents and the nature of the obligations it created for the members of the World Trade Organization. In particular, it examines the minimum standards that must be implemented with regard to patents, trademarks, industrial designs, geographical indications, copyright and related rights, integrated circuits, trade-secrets and test data for pharmaceutical and agrochemical products.

Trade Related Aspects of Intellectual Property Rights: A Commentary on the TRIPS Agreement elaborates on the interpretation of provisions contained in said Agreement, in the light of the customary principles for the interpretation of international law. The analysis -which is supported by a review of the relevant GATT and WTO jurisprudence- identifies the policy space left to such members to implement their obligations in accordance with their own legal systems and public policy objectives, including in respect of complex issues such as patentability criteria, compulsory licenses, exceptions and limitations to copyright, border measures, injunctive relief and the protection of test data under the discipline of unfair competition.

Series: Oxford Commentaries on International Law

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The Charter of the United Nations: A Commentary 3rd ed ISBN 9780199580156
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The Vienna Conventions on the Law of Treaties: A Commentary ISBN 9780199546640
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The 1951 Convention Relating to the Status of Refugees and its 1967 Protocol: A Commentary ISBN 9780199542512
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