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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

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Intellectual Property in the WTO: v. 1: Research Handbook on the Protection of Intellectual Property Under WTO Rules

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ISBN13: 9781847209047
Published: August 2010
Publisher: Edward Elgar Publishing Limited
Country of Publication: United Kingdom
Format: Hardback
Price: £203.00

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This comprehensive Handbook provides an in-depth analysis of the origin and main substantive provisions of the TRIPS Agreement, the most influential international treaty on intellectual property currently in force. A uniquely qualified set of academics and experts from around the world discuss the historical context in which the Agreement was negotiated, its basic principles and the nature of the obligations it creates for WTO members. Together with the second volume - Research Handbook on the Interpretation and Enforcement of Intellectual Property under WTO Rules - it also examines the minimum standards that must be implemented with regard to patents, trademarks, geographical indications, copyright and related rights, integrated circuits and test data. This Handbook is an essential tool for scholars, researchers and advanced students in the field of intellectual property. It also provides materials of direct relevance for policymakers and legal practitioners.

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PART I: HISTORY, INTERPRETATION AND PRINCIPLES 1. Why IPRS Issues Were Brought to GATT? A Historical Perspective on the Origins of TRIPS Charles Clift 2. Developing Countries in the Global IP System Before TRIPS: The Political Context for the TRIPS Negotiations Carolyn Deere 3. Minimum Standards vs. Harmonization in the TRIPS Context Denis Borges Barbosa 4. Enhancing Global Innovation Policy: The Role of WIPO and its Conventions in Interpreting the TRIPS Agreement Graeme B. Dinwoodie and Rochelle C. Dreyfuss 5. The Objectives and Principles of the TRIPS Agreement Peter K. Yu 6. Mainstreaming the TRIPS and Human Rights Interactions Xavier Seuba 7. The TRIPS Agreement and Intellectual Property Rights Exhaustion Mariano Genovesi 8. Intellectual Property Rights and Competition Policy Beatriz Conde Gallego 9. Intellectual Property Rights in Free Trade Agreements: Moving Beyond TRIPS Minimum Standards Pedro Roffe, Christoph Spennemann and Johanna von Braun PART II: SUBSTANTIVE RIGHTS 10. Limits, Limitations and Exceptions to Copyright under the TRIPS Agreement Bernt P. Hugenholtz 11. Copyright in TRIPS and Beyond: The WIPO Internet Treaties Ruth Okediji 12. The Protection of 'Related Rights' in TRIPS and the WIPO Performances and Phonograms Treaty Owen Morgan 13. Mark for Goods or Services (Trademarks) Annette Kur 14. Unresolved Issues on Geographical Indications in the WTO Kasturi Das 15. No 'Lemons' No More: A Sketch on the 'Economics' of Geographical Indications Dwijen Rangnekar 16. Exploring the Flexibilities of TRIPS to Promote Biotechnology in Developing Countries Graham Dutfield, Lois Murargui and Florian Leverve 17. Compulsory Licensing of Patented Pharmaceutical Inventions: Evaluating the Options Jerome H. Reichman 18. The Doha Access to Medicines by Countries without Manufacturing Capacity S.K. Verma 19. Disease-Based Limitations on Compulsory Licenses Under Articles 31 and 31 bis Kevin Outterson 20. The Protection of Semiconductor Chip Products in TRIPS Thomas Hoeren 21. Data Exclusivity for Pharmaceuticals: TRIPS Standards and Industry's Demands in Free Trade Agreements Carlos Correa