TRIPS plus 20

TRIPS plus 20

Author: Hanns Ullrich

Publisher: Springer

Published: 2016-01-29

Total Pages: 758

ISBN-13: 3662481073

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This book examines the impact and shortcomings of the TRIPS Agreement, which was signed in Marrakesh on 15 April 1994. Over the last 20 years, the framework conditions have changed fundamentally. New technologies have emerged, markets have expanded beyond national borders, some developing states have become global players, the terms of international competition have changed, and the intellectual property system faces increasing friction with public policies. The contributions to this book inquire into whether the TRIPS Agreement should still be seen only as part of an international trade regulation, or whether it needs to be understood – or even reconceptualized – as a framework regulation for the international protection of intellectual property. The purpose, therefore, is not to define the terms of an outright revision of the TRIPS Agreement but rather to discuss the framework conditions for an interpretative evolution that could make the Agreement better suited to the expectations and needs of today’s global economy.


25 Years of the TRIPS Agreement

25 Years of the TRIPS Agreement

Author: Christopher Heath

Publisher: Kluwer Law International B.V.

Published: 2021-12-17

Total Pages: 411

ISBN-13: 9403528842

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When the TRIPS Agreement was concluded in 1994, many saw it as embodying a new gold standard of intellectual property protection that not only reformed the Paris and Berne Conventions but also made further IP agreements unnecessary. Although this optimistic vision has eroded – obligations to protect IP rights can now be found in trade agreements and can be enforced before domestic courts and investor–state tribunals – the Agreement continues to pervade trends and developments in international law, not only in IP but in trade law also. This comprehensive commentary on the past, present, and future of the Agreement focuses on its influence on key topics in IP as well as on enforcement and dispute resolution. The editors have assembled a group of renowned IP law practitioners and academics who, taking each area of IP law, in turn, show the extent to which TRIPS provisions have survived, expanded, or been supplanted by other bodies. Their analysis covers the different IP rights addressed in the TRIPS Agreement (copyrights; trade marks; geographical indications; patents; data protection and enforcement) both in historical perspective and in their development in the last 25 years. An additional three chapters cover: most-favoured-nation obligations in regard of subsequent free trade agreements; how societal interests alter the interpretation of TRIPS obligations; the judicial role in the WTO panels and Appellate Body; minimum standards and reduction of flexibilities in IP policy; relationship of WTO/TRIPS with other international agreements. As intellectual property becomes more pervasive in society than ever before – and as both technology related to the use of IP and the way protected works are consumed have changed beyond recognition over the past 25 years – jurists, academics, and practitioners in IP and trade law will welcome this unique opportunity to test the true scope of national sovereignty in the interpretation of intellectual property rights.


Resource Book on TRIPS and Development

Resource Book on TRIPS and Development

Author: Unctad-ictsd

Publisher:

Published: 2005

Total Pages: 829

ISBN-13: 9781139444972

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NAture of obligations, principles and objectives; Substantive obligations; Intellectual property rights and competition; Enforcemente, maintenance and acquisition of rights; Interpretation and dispute settlement and prevention; Transitional and institutional arragements.


A Critical Mind

A Critical Mind

Author: Christine Godt

Publisher: Springer Nature

Published: 2023-06-22

Total Pages: 790

ISBN-13: 3662659743

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This book traces the academic footprint of Hanns Ullrich. Thirty contributions revolve around five central topics of his oeuvre: the European legal order, competition law, intellectual property, the regulation of new technologies, and the global market order. Acknowledging him as a trailblazer, the book aims to capture how deeply Hanns Ullrich has influenced contemporaries and subsequent generations of scholars. The contributors re-iterate the path-breaking patterns of his teachings, such as his contemplation of intellectual property as embedded in competition, the necessity of balancing private and public interests in intellectual property law, the policies of market integration, and the peculiar relationship of technological advancement and protectionism.


Global Intellectual Property Protection and New Constitutionalism

Global Intellectual Property Protection and New Constitutionalism

Author: Jonathan Griffiths

Publisher: Oxford University Press

Published: 2022-02-14

Total Pages: 401

ISBN-13: 0198863160

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The constitutionalization of intellectual property law is often framed as a benign and progressive integration of intellectual property with fundamental rights. Yet this is not a full or even an adequate picture of the ongoing constitutionalization processes affecting IP. This collection of essays, written by international experts and covering a range of different areas of intellectual property law, takes a broader approach to the process. Drawing on constitutional theory, and particularly on ideas of "new constitutionalism", the chapters engage with the complex array of contemporary legal constraints on intellectual property law-making. Such constraints arising in international intellectual property law, human rights law (including human rights protection for right-holders), investment treaties, and forms of private ordering. This collection aims to illuminate the complex role of this constitutional framework, by analysing the overlaps, complementarities, and conflicts between such forms of protection and seeking to establish the effects that this assemblage of global and regional norms has on legal reform projects and interpretations of IP law. Some chapters take a broad theoretical perspective on these processes. Others focus on specific situations in which the relationship between intellectual property law and broader constitutional norms is significant. These contexts range from Art 17 of the EU's Digital Single Market Directive, to the implementation of harmonized trade secrets protection, from the role of Canada's Charter of Rights to the impact of the social model of property in Brazil.


Seville’s EU Intellectual Property Law and Policy

Seville’s EU Intellectual Property Law and Policy

Author: Justine Pila

Publisher: Edward Elgar Publishing

Published: 2022-11-15

Total Pages: 773

ISBN-13: 1788976401

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Carefully authored by Justine Pila, this significantly revised and expanded third edition of Catherine Seville’s classic text, presents a thorough and detailed treatise on EU intellectual property (IP) law, taking into account the many developments in legislation and case law since the second edition.


Essential Interoperability Standards

Essential Interoperability Standards

Author: Simon Brinsmead

Publisher: Cambridge University Press

Published: 2021-08-12

Total Pages: 427

ISBN-13: 1108843018

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Proposes a new expert-led international instrument to address access to essential technical standards.


The Cambridge Handbook of Copyright Limitations and Exceptions

The Cambridge Handbook of Copyright Limitations and Exceptions

Author: Shyamkrishna Balganesh

Publisher: Cambridge University Press

Published: 2021-01-07

Total Pages: 719

ISBN-13: 1108670873

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While copyright law is ordinarily thought to consist primarily of exclusive rights, the regime's various exemptions and immunities from liability for copyright infringement form an integral part of its functioning, and serve to balance copyright's grant of a private benefit to authors/creators with the broader public interest. With contributors from all over the world, this handbook offers a systematic, thorough study of copyright limitations and exceptions adopted in major jurisdictions, including the United States, the European Union, and China. In addition to providing justifications for these limitations, the chapters compare differences and similarities that exist in major jurisdictions and offer suggestions about how to improve the enforcement of copyright limitations domestically and globally. This work should appeal to scholars, policymakers, attorneys, teachers, judges, and students with an interest in the theories, policies, and doctrines of copyright law.


Intellectual Property and International Trade: The TRIPS Agreement

Intellectual Property and International Trade: The TRIPS Agreement

Author: Carlos M. Correa

Publisher: Kluwer Law International B.V.

Published: 2016-06-27

Total Pages: 452

ISBN-13: 9041166580

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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 in which IPR are considered internationally, but also their substantive content and the methods for their enforcement and dispute settlement. This much-welcomed treatise, now in its third edition, thoroughly updates its comprehensive analysis of the substantive provisions of the Agreement and their actual interpretation and application in different jurisdictions, with new material on the burgeoning case law and on major changes in plant variety protection. As in previous editions, the book may be relied upon for in-depth clarification of such matters as the following: • standards established under the agreement; • enforcement measures; • social and legal issues; • legal and policy possibilities offered; • legislative latitude allowed to WTO Member States; • incorporation of TRIPS into domestic law; • protection of integrated circuit design; • protection of innovation and R&D for diseases that disproportionately affect developing countries; • challenges raised by ongoing technological changes; • access to medicines; • protection of confidential (undisclosed) information; and • interface between competition law and intellectual property protection. With fifteen chapters contributed by a distinguished panel of experts representing diverse parties — international organisations, legal practice, government policy, and academia — the third edition offers an incomparable framework for understanding the background, principles, and complex provisions of the TRIPS Agreement. Thoroughly revised and updated, the third 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.


TRANSPORTATION PLANNING

TRANSPORTATION PLANNING

Author: PRABIR KUMAR SARKAR

Publisher: PHI Learning Pvt. Ltd.

Published: 2014-11-14

Total Pages: 490

ISBN-13: 8120349946

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Transportation planning plays a useful role as a lifeline for any society. It comprises applications of science and art, where a great deal of judgement coupled with its technical elements is required to arrive at a meaningful decision in order to develop transportation infrastructure facilities for the community. Transportation planning, thereby, helps in achieving a safer, faster, comfortable, convenient, economical and environment-friendly movement of people and goods traffic. In this context, an attempt has been made to write a comprehensive book on this subject, which not only deals with the basic principles and fundamentals of transportation planning but also keeps abreast of the current practices and policies conducted in transportation planning. Divided into 23 chapters, the book felicitously proffers the fundamental techniques of transportation planning and travel demand modelling, urban form and urban structure and their relation with transport pattern, land use-transport model, accessibility and mobility consideration in transport modelling, graph theory and road network planning, cost benefit analysis, mass transport planning, applications of intelligent transport system, applications of software in transport planning, and transport policies. Exploiting a systematic approach avoiding prolixity, this book will prove to be a vade mecum for the undergraduate and postgraduate students of civil engineering and transportation engineering. Besides, this book is of immense benefit to the students opting a course on Master of Planning conducted in various institutes. Highlights of the Book • Systematically organised concepts well-supported with ample illustrations • Prodigious illustrative figures and tables • Incorporates chapter-end summary to help in grasping the quirk concepts • Presents state-of-the-art data • Includes chapter-end review questions to help students prepare for examination