Intellectual Property and International Trade: The TRIPS Agreement

Abstract

Now into its second decade, the Agreement on Trade-Related Aspects of Property Rights (TRIPS) continues to meet challenges raised by ongoing technological changes as it affirms an increasing degree of latitude to national authorities in its implementation. Important developments and controversies witnessed in the nine years since the first edition of this much-welcomed treatise include issues of public health, implications of the Agreement on the realization of human rights, and continuous debates on geographic indications and the appropriation of genetic resources. This second edition incorporates the analysis of key provisions of the Agreement resulting from dispute settlement procedures under WTO rules. As in the first edition, Intellectual Property and International Trade may be relied upon for in-depth clarification of such matters as the following: substantive standards established under the agreement; enforcement measures; legislative latitude allowed to Member States; protection of copyrights and related rights; protection of trademarks, geographical indications and industrial designs; patent protection and conditions and limitations of compulsory licences; protection of integrated circuit design; protection of confidential (undisclosed) information; and, interface between competition law and intellectual property protection. Comprising 14 chapters contributed by a distinguished panel of experts representing diverse parties - international organisations, legal practice, government policy, and industry - Intellectual Property and International Trade offers a framework for understanding the background, principles, and complex provisions of the TRIPS Agreement. Throughout the book, the authors emphasize the implications of the Agreement for different groups of countries, especially for developing countries. Particular attention is given to the degree of autonomy left for Member States in the implementation of the various provisions of the Agreement in their domestic legislation. Thoroughly revised and updated, the second edition will be of great value to all professionals and business people concerned with international trade. It stimulates further discussion and analysis in this area of growing importance to international law and international economic relations, particularly regarding the possibilities offered by the Agreement and the loose ends that may need consideration in the future at the national or international level.

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