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Vol 23 No 5 May/June 2018

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Intellectual Property Rights in a Fair World Trade System: Proposals for Reform of TRIPS

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ISBN13: 9781849800099
Published: February 2011
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £130.00

Despatched in 6 to 8 days.

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 law (IP) - 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 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.

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Intellectual Property Law
PART I: BACKGROUND Preface 1. The Pendulum Keeps Swinging: Present Discussions on 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 Resolution System and the Evolution of International 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 - At the Eve of New Crossroads? 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 Index