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Vol 21 No 10 Oct/Nov 2016

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Protection against Unfair Competition in the WTO TRIPS Agreement: The Scope and Prospects of Article 10bis of the Paris Convention for the Protection of Industrial Property


ISBN13: 9789004313484
Published: June 2016
Publisher: Brill Nijhoff
Country of Publication: The Netherlands
Format: Hardback
Price: £128.00



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In The Protection Against Unfair Competition in the WTO TRIPS Agreement, Christian Riffel offers an account of the potential which Article 10bis of the Paris Convention has for the world trading system.

In particular, the author explores what hard law obligations emerge and examines a possible application to unsettled issues, such as core labour standards and traditional knowledge.

Article 10bis embodies unfair competition law in a nutshell. The TRIPS Agreement incorporates this Article into the World Trade Organization, thus making unfair competition law a discipline of international trade law.

By providing an effective enforcement mechanism against unfair competition, the WTO upholds ‘honest practices’ in the course of trade, alleviating enforcement deficits in other areas of international law.

Subjects:
Intellectual Property Law, International Trade
Contents:
PART I INTRODUCTION
I DESCRIPTION OF THE PROBLEM
II INTERPRETATION OF WTO PROVISIONS
III COURSE OF THE LEGAL ANALYSIS

PART II ARTICLE 10BIS AND THE WTO
I ARTICLE 2.1 OF THE TRIPS AGREEMENT
II ARTICLE 10BIS(1) AND (2) OF THE PARIS CONVENTION (1967)

PART III ARTICLE 10BIS AND CORE LABOUR STANDARDS
I BREACH OF LAW AS AN ACT OF UNFAIR COMPETITION
II ENFORCEMENT OF CORE LABOUR STANDARDS BY ARTICLE 10BIS OF THE PARIS CONVENTION
III CONCLUSIONS

PART IV ARTICLE 10BIS AND TRADITIONAL KNOWLEDGE
I INTRODUCTION
II CONTRACT-BASED PROTECTION
III PROTECTION BY ARTICLE 39 OF THE TRIPS AGREEMENT
IV PROTECTION BY ARTICLE 10BIS OF THE PARIS CONVENTION
V CONCLUSIONS

PART V ARTICLE 10BIS AND EUROPEAN UNION LAW
I INTRODUCTION
II REQUIREMENTS RELATING TO THE NORM
III CONSTITUTIONAL REQUIREMENTS
IV REQUIREMENTS RELATING TO THE TREATY
V CONCLUSIONS

PART VI FINAL CONCLUSIONS