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Vol 21 No 11 Nov/Dec 2016

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This book is now Out of Print.
A new edition has been published, the details can be seen here:
The TRIPS Regime of Patents and Test Data 4th ed isbn 9789041150189

The TRIPS Regime of Patent Rights 3rd ed


ISBN13: 9789041132185
New Edition ISBN: 9789041150189
Previous Edition ISBN: 9041123172
Published: April 2010
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £75.00
(Second Hand)



In stock second-hand.

The TRIPS regime is one of the international IP agreements that IP lawyers work with every day. It is administered by the World Trade Organization (WTO) that sets down minimum standards for many forms of intellectual property regulation.

Specifically, TRIPS contains requirements that nations' laws must meet for: copyright rights; geographical indications,; industrial designs; integrated circuit layout-designs; patents; monopolies for the developers of new plant varieties; trademarks; trade dress; and undisclosed or confidential information. TRIPS also specifies enforcement procedures, remedies, and dispute resolution procedures.

After the publication of the 2nd edition, a number of relevant discussions on TRIPS patent provisions took place that warrant a renewed analysis. The most relevant ones:

  • The possible expansion of the scope of patentability to cover technical creations in the fields of pharmaceuticals and biotechnology has gained much visibility in a number of large developing countries as well as certain developed countries (genes and gene sequences, second medical uses, polymorphisms, salts). The 2nd edition has looked at this topic, but an expansion (and update) of the text is necessary.
  • A renewed debate on “patent linkage” (linking approval of pharmaceutical products to the existence [or not] of patents in force) has gained strength in the last three years.
  • The context of the Doha Round, new developments have occurred as regards patents and access to genetic resources (particularly after 2007).
  • An extensive review of the trend of patent protection in Free Trade Agreements
  • Special attention will be dedicated to the possible use of flexibilities in implementing TRIPS patent obligations, a matter that is very controversial and that draws general attention under the framework of WIPOs development agenda. A
  • WTO Panel report in a dispute between the US and China is about to be released that makes new findings on the national treatment principle. Those findings may impact the interpretation of the Agreement in the different areas of IP.
  • Finally, a few lines will be written about the initiative towards a Patent Reform in the United States