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Vol 23 No 5 May/June 2018

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Cover of Drafting Commercial Agreements

Drafting Commercial Agreements

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Intellectual Property and International Trade

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ISBN13: 9789041107077
ISBN: 904110707X
Published: July 2000
Publisher: Kluwer Law International
Format: Hardback
Price: Out of print

The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), which concluded within the framework of the Uruguay Round of Multilateral Trade Negotiations, is one of the most far-reaching and comprehensive legal regimes ever concluded at the multilateral level in the area of intellectual property rights. It supplements and modifies the earlier conventions governing intellectual property rights, which were periodically revised to promote the quasi-uniform regulation of industrial property and copyright in a gradual and incremental manner. In comparison, the TRIPS Agreement constitutes a major qualitative leap which radically modifies not only the context in which intellectual property rights are considered internationally, but also their substantive content and the methods for enforcement of these rights and dispute settlement. In ten chapters, contributed by a distinguished panel of experts, this work offers a framework for understanding the background, principles and complex provisions of the TRIPS Agreement. It highlights the context in which it was elaborated and adopted, and the manner in which it is to be interpreted and applied.

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Part I: Understanding TRIPS. I. TRIPS: Background, Principles and General Provisions; A.A. Yusuf. II. Universal Minimum Standards and Enforcement Measures under the TRIPS Agreement; J.H. Reichman. III. The Application and Interpretation of the TRIPS Agreement; A. Moncayo von Hase. Part II: New Standards for IPR Protection. IV. Copyright and Related Rights; A. Bercovitz. V. The Protection of Trademarks and Geographical Indications; J. Keon. VI. Protecting Values in Industrial Designs; J. Phillips. VII. Patent Rights; C.M. Correa. VIII. Layout Design of Integrated Circuits; C.M. Correa. IX. Trade Secrets and Undisclosed Information; F. Dessemontet. X. Control of Anti-Competitive Practices in Contractual Licenses; P. Roffe. Appendices: I. The TRIPS Agreement. II. Proposals Submitted by Various Countries during the TRIPS Negotiations. III. Editors and Contributing Authors.