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Vol 21 No 11 Nov/Dec 2016

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The TRIPS Regime of Patents and Test Data 4th ed


ISBN13: 9789041150189
Previous Edition ISBN: 9789041132185
Published: April 2014
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £178.00



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The Fourth Edition of this preeminent work updates the author's detailed commentary on TRIPS provisions relating to patent protection. It articulates with unmatched clarity the specific steps that a government must take, in a wide variety of possible contexts, to ensure that its patent-related obligations under TRIPS are met. The presentation is arranged in an article-by-article format, following the TRIPS Agreement itself as it relates to patents. In this way, the author’s incisive analysis covers every issue arising in patent administrative and legal practice, including the following:

  • extensive new analysis of enforcement of patent rights in the context of competition law;
  • expanded commentary on trade secrets and test data under Article 39;
  • linkage between patent protection and the marketing approval of pharmaceutical products;
  • interaction with the Paris Convention;
  • public health considerations;
  • alternate ways to transpose TRIPS obligations into national law;
  • alternativeness of inventions as a condition of patentability; and
  • standards of intellectual property protection as a bargaining chip in international trade.
The TRIPS Agreement has a direct impact on the daily activities of corporations, governments, and consumers. This book contains a very practical explanation of the meaning of the patent-related TRIPS provisions, how they should be reflected in national law, and how courts are expected to enforce them. For these reasons and more, the Fourth Edition – now retitled The TRIPS Regime of Patents and Test Data – is a crucially important resource for lawyers seeking compliance and government officials charged with the implementation of TRIPS obligations.

Subjects:
Intellectual Property Law, International Trade
Contents:
Foreword.
Introduction.
The primary function of patents: to inventions in a relatively accurate manner (as compared to trade secrets and public subsidies).
Preamble.

Part I: General Provisions and Basic Principles.
Article 1. Nature and Scope of Obligations.
Article 2. Intellectual Property Conventions.
Article 3. National Treatment.
Article 4. Most-Favoured-Nation Treatment.
Article 5. Multilateral Agreements on Acquisition or Maintenance of Protection.
Article 6. Exhaustion.
Article 7. Objectives.
Article 8. Principles

Part II: Standards Concerning the Availability, Scope and Use of Intellectual Property Rights.
Section 5: Patents.
Article 27. Patentable Subject Matter.
Article 28. Rights Conferred.
Article 29. Conditions on Patent Applicants.
Article 30. Exceptions to Rights Conferred.
Article 31. Other Use Without Authorization of the Right Holder.
Article 32. Revocation/Forfeiture.
Article 33. Term of Protection.
Article 34. Process Patents: Burden of Proof.
Section 7: Protection of Undisclosed Information.
Article 39.

Part V: Dispute Prevention and Settlement.
Article 64. Dispute Settlement.

Part VI: Transitional Arrangements.
Article 65. Transitional Arrangements.
Article 66. Least-Developed Country Members.
Article 70. Protection of Existing Subject Matter.