The TRIPS Regime of Trademarks and Designs
The TRIPS Regime of Trademarks and Designs

Author: Nuno Pires de Carvalho

Publisher: Kluwer Law International B.V.

Published: 2018-12-20

Total Pages: 550

ISBN-13: 9041189254

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Recognized since its first edition as the preeminent work on its subject, this incomparable book thoroughly and expertly examines the intricacies of the provisions concerning trademarks and industrial designs enshrined in the Agreement on Trade-Related Aspects of Intellectual Property Rights (the TRIPS Agreement). It is organized as a paragraph-by-paragraph annotated text of the Agreement, with detailed commentary not only on the articles specifically dealing with industrial property but also on every clause in the agreement that could affect the protection of trademarks and/or designs. The fourth edition brings the author's prodigious analysis of case law, dispute settlements, ongoing scholarship and other pertinent developments fully up to date. With the authority and in-depth experience of a former long-time WIPO official with unparalleled knowledge of WTO Members' practices in implementing TRIPS provisions, Nuno Pires de Carvalho brings his practical insight and vast scholarship to such complex questions as the following: • What are signs that can constitute trademarks? Which elements assist in identifying a well-known mark? • What are the limitations on the protection of non visually perceptible marks like sounds, scents and tastes? • What lessons can we learn so far from the Dispute Settlement Mechanism? • What are WTO Members' obligations as regards marks that relate to goods and services that offend religious and moral values? Are they obliged to register and protect them? • How strict is the TRIPS Agreement as regards the use of industrial property in relation to public policies? Are private rights limitless? Are they enforceable no matter what? The recent worldwide phenomenon of measures involving the use of trademarks to pursue public health goals through plain packaging schemes is thoroughly analyzed and evaluated. Lawyers, judges, scholars and government officials will find a wealth of information and legal analysis in this new edition of that will help them identify new approaches and solutions to problems of trademark and design law posed by the implementation of the TRIPS Agreement. With its combination of practically focused article-by-article commentary and scholarly analysis and insight, this edition will be an invaluable resource to all those who wish to understand industrial property at a deeper level.

The TRIPS Regime of Trademarks and Designs
The TRIPS Regime of Trademarks and Designs

Author: Nuno Pires de Carvalho

Publisher:

Published: 2014

Total Pages: 0

ISBN-13: 9789041150172

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The same author who wrote The TRIPS Regime of Patent Rights, a thorough commentary on the patent and test data-related provisions of the TRIPS Agreement that in just three years has become a classic work in its field (already in its second edition), offers us now The TRIPS Regime of Trademarks and Designs. With the authority and in-depth experience of a WIPO official whose daily work is to assist developing countries implementing TRIPS obligations in the area of industrial property, the author examines with the same accuracy and expertise the intrincacies of the TRIPS provisions concerning trademarks and industrial designs. Lawyers, judges, scholars and government officials will find a wealth of information and legal analysis in The TRIPS Regime of Trademarks and Designs that will help them identify new approaches and solutions to problems of trademark and design law posed by the implementation of the TRIPS Agreement. This book combines a practically-focused article-by-article commentary on the TRIPS Agreement with a theoretical scholarly analysis that makes of it an invaluable resource to all those who wish to understand industrial property at a deeper level.--

The TRIPS Regime of Trademarks and Designs
The TRIPS Regime of Trademarks and Designs

Author:

Publisher:

Published: 2006

Total Pages: 556

ISBN-13: 9789041131089

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The same author who wrote The TRIPS Regime of Patent Rights, a thorough commentary on the patent and test data-related provisions of the TRIPS Agreement that in just three years has become a classic work in its field (already in its second edition), offer.

Intellectual Property Rights in the WTO and Developing Countries
Intellectual Property Rights in the WTO and Developing Countries

Author: Jayashree Watal

Publisher: Springer

Published: 2001-02-23

Total Pages: 536

ISBN-13:

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Although it is common knowledge that the compliance of developing countries with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) has become a serious stumbling block in the WTO agenda, the underlying reasons why this is so have not been dispassionately analyzed until the appearance of this book. Here, for the first time, is a thorough and secure foundation on which international trade lawyers and business people can build a global intellectual property regime that is both productive and fair. The implementation of the TRIPS regime with its enormous effect on national and global strategies for healthcare, agriculture, and the environment, among other crucial sectors of the world economy is clearly among the most critical projects currently under way in the field of international relations. As a former TRIPS negotiator for India, Jayashree Watal brings great authority to her account of the benefits and pitfalls of TRIPS compliance for developing countries. She provides a detailed understanding of how TRIPS was negotiated at the Uruguay Round, how various countries have implemented it so far, and how the WTO monitors compliance. She reveals how the WTO dispute settlement process has worked to date in matters involving TRIPS, and how it is likely to deal with new issues that arise. Most importantly, she explains how developing countries can interpret TRIPS to their best advantage, and how to ensure that the `constructive ambiguity' that characterizes the agreement remains flexible.

The TRIPS Regime of Patents and Test Data
The TRIPS Regime of Patents and Test Data

Author: Nuno Pires de Carvalho

Publisher: Kluwer Law International B.V.

Published: 2016-04-24

Total Pages: 656

ISBN-13: 9041189262

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This preeminent work has proven the best practical commentary on the TRIPS agreement related to patents and test data. This fifth edition, in which the author has revised the whole text and updated various arguments, continues to articulate with unmatched clarity the specific steps that a government or a company 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 and test data. In this way, the author’s incisive analysis covers every issue likely to arise in today’s patent and test data administrative and legal practice, including the following: ·significance of the recent entry into force of Article 31bis; · developments in enforcement of patent rights in the context of competition law; · the potential effects of Brexit and the new protectionist inclination of US trade policy; · expanded commentary on trade secrets and test data under Article 39; · alternate ways to transpose TRIPS obligations into national law; 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 Fifth Edition is a crucially important resource for patent and public health lawyers seeking compliance as well as for government officials charged with the implementation of TRIPS obligations.

A Handbook on the WTO TRIPS Agreement
A Handbook on the WTO TRIPS Agreement

Author: Antony Taubman

Publisher: Cambridge University Press

Published: 2012-04-26

Total Pages: 411

ISBN-13: 1107023165

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This handbook provides a comprehensive and non-technical explanation of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), later legal instruments, current policy issues and the relationship between TRIPS and public health. It is aimed at an audience including government officials and policy-makers, non-governmental organizations, academics and students.

The TRIPS Regime of Trademarks and Designs
The TRIPS Regime of Trademarks and Designs

Author: Nuno Pires de Carvalho

Publisher:

Published: 2006

Total Pages: 0

ISBN-13: 9789041123572

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The same author who wrote the TRIPS Regime of Patent Rights, a thorough commentary on the patent and test data-related provisions of the TRIPS Agreement that in just three years has become a classic work in its field (already in its second edition), offers us now the TRIPS Regime of Trademarks and Designs . With the authority and in-depth experience of a WIPO official whose daily work is to assist developing countries implementing TRIPS obligations in the area of industrial property, the author examines with the same accuracy and expertise the intrincacies of the TRIPS provisions concerning trademarks and industrial designs. Associating practical experience with academic scholarship, this book provides simple and enlightening guidance to complex questions, such as: Can WTO Members envisage a third modality of exhaustion that retains the benefits of the two known modalities (national and international exhaustion) and yet overcomes the shortcomings of both? Are WTO Members obliged to register color marks? and what about sounds, smells and tastes? What are WTO Members obligations as regards marks that relate to goods and services that offend religious and moral values? Are they obliged to register and protect them? What are the requisites for marks to become well-known? is notoriety enough? Can a WTO Member require that they convey some sort of reputation? Can a WTO Member make protection of well-known marks dependent on actual use in their territory? How strict is the TRIPS Agreement as regards the use of industrial property in relation to public policies? Are private rights limitless? Are they enforceable no matter what? How can WTO Members meet their obligations as regards the facilitated registration of textile designs? Lawyers, judges, scholars and government officials will find a wealth of information and legal analysis in the TRIPS Regime of Trademarks and Designs that will help them identify new approaches and solutions to problems of trademark and design law posed by the implementation of the TRIPS Agreement. This book combines a practically-focused article-by-article commentary on the TRIPS Agreement with a theoretical scholarly analysis that makes of it an invaluable resource to all those who wish to understand industrial property at a deeper level.

Intellectual Property Law and Access to Medicines
Intellectual Property Law and Access to Medicines

Author: Srividhya Ragavan

Publisher: Routledge

Published: 2021-07-28

Total Pages: 522

ISBN-13: 1000398706

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The history of patent harmonization is a story of dynamic actors, whose interactions with established structures shaped the patent regime. From the inception of the trade regime to include intellectual property (IP) rights to the present, this book documents the role of different sets of actors – states, transnational business corporations, or civil society groups – and their influence on the structures – such as national and international agreements, organizations, and private entities – that have caused changes to healthcare and access to medication. Presenting the debates over patents, trade, and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), as it galvanized non-state and nonbusiness actors, the book highlights how an alternative framing and understanding of pharmaceutical patent rights emerged: as a public issue, instead of a trade or IP issue. The book thus offers an important analysis of the legal and political dynamics through which the contest for access to lifesaving medication has been, and will continue to be, fought. In addition to academics working in the areas of international law, development, and public health, this book will also be of interest to policy makers, state actors, and others with relevant concerns working in nongovernmental and international organizations.

New Zealand Yearbook of International Law
New Zealand Yearbook of International Law

Author:

Publisher: BRILL

Published: 2022-12-28

Total Pages: 286

ISBN-13: 9004529950

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The New Zealand Yearbook of International Law provides legal materials and critical commentary on issues of international law, addressing trends, state practice and policies in the development of international law in New Zealand, the South Pacific, Antarctica and globally. This Yearbook covers the period 1 January 2020 to 31 December 2020.