Interpreting TRIPS

Its draft was negotiated in the TRIPS Council and was sent to the General Council.15 Jackson observes that the Doha Declaration ... of such authoritative interpretation.18 D Confirmation of TRIPS or New Rules for Interpreting TRIPS?

Interpreting TRIPS

Protection of intellectual property rights (IPRs) has become a global issue. The Trade-Related Aspects of Intellectual Property (TRIPS) Agreement outlines the minimum standards for IPR protection for WTO members and offers a global regime for IPR protection. However, the benefits of TRIPS are more questionable in poorer countries where national infrastructure for research and development (R&D) and social protection are inadequate, whereas the cost of innovation is high. Today, after more than a decade of intense debate over global IPR protection, the problems remain acute, although there is also evidence of progress and cooperation. This book examines various views of the role of IPRs as incentives for innovation against the backdrop of development and the transfer of technology between globalised, knowledge-based, high technology economies. The book retraces the origins, content and interpretations of the TRIPS Agreement, including its interpretations by WTO dispute settlement organs. It also analyses sources of controversy over IPRs, examining pharmaceutical industry strategies of emerging countries with different IPR policies. The continuing international debate over IPRs is examined in depth, as are TRIPS rules and the controversy about implementing the 'flexibilities' of the Agreement in the light of national policy objectives. The author concludes that for governments in developing countries, as well as for their business and scientific communities, a great deal depends on domestic policy objectives and their implementation. IPR protection should be supporting domestic policies for innovation and investment. This, in turn requires a re-casting of the debate about TRIPS, to place cooperation in global and efficient R&D at the heart of concerns over IPR protection.

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Interpreting TRIPS
Language: en
Pages: 582
Authors: Hiroko Yamane
Categories: Law
Type: BOOK - Published: 2011-03-21 - Publisher: Bloomsbury Publishing

Protection of intellectual property rights (IPRs) has become a global issue. The Trade-Related Aspects of Intellectual Property (TRIPS) Agreement outlines the minimum standards for IPR protection for WTO members and offers a global regime for IPR protection. However, the benefits of TRIPS are more questionable in poorer countries where national
Interpreting and Implementing the TRIPS Agreement
Language: en
Pages: 200
Authors: Justin Malbon, Charles Lawson
Categories: Law
Type: BOOK - Published: 2008-01-01 - Publisher: Edward Elgar Publishing

The chapters in this volume provide insightful analysis and commentary on TRIPS and, importantly, the TRIPS Plus world that many countries operate in. . . This is a fine contribution to the growing literature of interdisciplinary analyses of the global IP regime. . . there is enough in here that
Intellectual Property and International Trade: The TRIPS Agreement
Language: en
Pages: 586
Authors: Carlos M. Correa, Abdulqawi A. Yusuf
Categories: Law
Type: BOOK - Published: 2016-06-27 - Publisher: Kluwer Law International B.V.

The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is the most far-reaching and comprehensive legal regime ever concluded at the multilateral level in the area of intellectual property rights (IPR). Compared to prior IPR conventions, TRIPS constitutes a major qualitative leap which radically modifies not only the context
Resource Book on TRIPS and Development
Language: en
Pages: 829
Authors: UNCTAD-ICTSD, Cambridge University Press, International Centre for Trade and Sustainable Development
Categories: Law
Type: BOOK - Published: 2005-04-07 - Publisher: Cambridge University Press

It is a guide to the WTO's Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).
A Practical Guide to Working with TRIPS
Language: en
Pages: 227
Authors: Antony Taubman
Categories: Law
Type: BOOK - Published: 2011-04-07 - Publisher: Oxford University Press

This book is a brief, accessible guide to the practical workings of the TRIPS agreement for policymakers and their legal advisers. The book offers a unique insider's account of how the international rules of IP function in practice within a broader legal framework that consists of WTO law and dispute