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Vol 23 No 6 June/July 2018

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Drafting Commercial Agreements

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Data protection handbook

TRIPS, PCT and Global Patent Procurement

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ISBN13: 9789041197405
ISBN: 9041197400
Published: February 2001
Publisher: Kluwer Law International
Format: Hardback
Price: £120.00

Despatched in 11 to 13 days.

The introduction of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement has established a global patent system requiring a high standard of patent protection. However, any consequential increase in patent applications will further strain the resources of patent offices worldwide. A monolithic ""World Patent Office"" granting ""World Patents"" will most likely remain a utopian idea but the Patent Cooperation Treaty (PCT) has successfully demonstrated how to emulate a ""World Patent Office"" processing ""World Patent Applications"". The current PCT only goes halfway towards the grant of a patent, hence, the logical step to handle an increase in patent applications would be to further develop the PCT towards a patent grant procedure. This has been recognized and in late 2000, the Assembly of the PCT Union decided to set up a special body to consider a formal request by the United States for a ""Reform of the Patent Cooperation Treaty"".

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Acknowledgments. Abbreviations. Introduction. Part I: TRIPS and its Effect on the Patent System.
1. The TRIPS Agreement.
2. The Relevance of TRIPS for Patent Law.
3. The Impact of TRIPS on the Global Patent System. Part II: A Comparative Analysis of TRIPS and the PCT.
4. The Patent Cooperation Treaty.
5: Comparison of the Provisions of TRIPS and the PCT.
6: The Position of the PCT and PCT Contracting States in Relation to TRIPS. Part III: Further Development of the International Phase Proceedings of the PCT.
7. Current Status.
8. Further Development of the PCT. Part IV: Alternatives to Further Development of the PCT.
9. Consideration of Other Offices' Search and Examination Results.10. Registration or Extension of Granted Patents.
11. A Proposal for a PCT Registration/Extension Protocol. Part V: The Effects of TRIPS and PCT on Patent Procurement and Procurement Requirements. Conclusion. Appendices. Index.