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Vol 22 No 10 Oct/Nov 2017

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Lindley & Banks on Partnership

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Intellectual Property Rights and Climate Change: Interpreting the Trips Agreement for Environmentally Sound Technologies


ISBN13: 9781107158085
Published: May 2017
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £95.00



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As the world confronts global warming, there is a growing consensus that the TRIPS Agreement could be a more effective instrument for mitigating climate change. In this innovative work, Wei Zhuang systematically examines the contextual elements that can be used in the interpretation of the TRIPS Agreement to enhance innovation and the transfer of environmentally sound technologies. Zhuang proposes a balanced and pro-competitive method of interpretation that could be pursued in various ways, including a Declaration on Intellectual Property Rights and Climate Change.

This comprehensive, multidisciplinary study will help academics and policymakers improve their understanding of the contemporary international legal regimes governing intellectual property rights and the transfer of environmentally sound technologies. It also offers practical guidance for further developing a legal system capable of responding to the challenges posed by climate change.

Subjects:
Intellectual Property Law, Environmental Law
Contents:
List of figures
Foreword Carlos Correa
Acknowledgements
Table of cases
Table of treaties, declarations, resolutions and others
List of abbreviations
1. Introduction

Part I. Intellectual Property Rights, Innovation and Transfer of ESTs:
2. Concepts and context: IPRs, innovation and transfer of ESTs
3. International legal framework governing IPRs, innovation and transfer of technologies, including ESTs
4. The effects of minimum IPR standards shaped by TRIPS on innovation and transfer of ESTs

Part II. Interpreting the TRIPS Agreement for Facilitating Innovation and Transfer of ESTs:
5. Rules governing treaty interpretation and the elements against which the TRIPS agreement should be interpreted
6. Interpreting patent-related flexibilities in the TRIPS agreement for facilitating innovation and transfer of ESTs
7. Interpreting competition-related flexibilities in the TRIPS agreement for facilitating innovation and transfer of ESTs
8. Conclusions and recommendations

Bibliography
Index.