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Trade Related Aspects of Intellectual Property Rights: A Commentary on the TRIPS Agreement

Author

Listed:
  • Correa, Carlos

    (Director, Center for Interdisciplinary Studies on Industrial Property Law and Economics)

Abstract

The TRIPS Agreement is the most comprehensive and influential international treaty on intellectual property rights. It brings intellectual property rules into the framework of the World Trade Organization, obliging all WTO Member States to meet minimum standards of intellectual property protection and enforcement. This has required massive changes in some national laws, particularly in developing countries. This volume provides a detailed legal analysis of the provisions of the TRIPS Agreement, as well as elements to consider their economic implications in different legal and socio-economic contexts. This book examines the obligations imposed on WTO Members in different fields of intellectual property, and thoroughly explores the flexibilities that they enjoy in implementing the Agreement. It discusses the interpretation of the Agreement's provisions and the WTO jurisprudence already developed on certain aspects of the Agreement. It also includes a brief discussion on emerging issues such as protection of traditional knowledge, and on options for further developments e.g. copyright in a digital environment, and the relationship with competition law. It also takes into account recent developments in bilateral agreements and free trade agreements that contain TRIPS-plus standards of protection. The Preamble and general provisions of the TRIPS Agreement are addressed, as well as the substantive rules on copyright and related rights, trademarks, geographical indications, industrial designs, patents, integrated circuits, trade secrets and test data. The controversies about the implementation and interpretation of these provisions are highlighted, including the content an implications of the Doha Declaration on the TRIPS Agreement and Public Health of November 2001, and of the WTO Decision of August 30, 2003 relating to access to medicines. The book also analyses the crucial enforcement provisions and other aspects of the Agreement.

Suggested Citation

  • Correa, Carlos, 2007. "Trade Related Aspects of Intellectual Property Rights: A Commentary on the TRIPS Agreement," OUP Catalogue, Oxford University Press, number 9780199271283.
    • Handle: RePEc:oxp:obooks:9780199271283
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    Citations

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    Cited by:

    1. Alicia Ory DeNicola, 2016. "Asymmetrical indications: Negotiating creativity through Geographical Indications in north India," Economic Anthropology, Wiley Blackwell, vol. 3(2), pages 293-303, June.
    2. Maria Comune & Alireza Naghavi & Giovanni Prarolo, 2011. "Intellectual Property Rights and South-North Formation of Global Innovation Networks," Center for Economic Research (RECent) 069, University of Modena and Reggio E., Dept. of Economics "Marco Biagi".
    3. Chun Dongwook & Kang Minwook, 2011. "Patent Law Harmonization in an Open Economy: How Should the Patent System React in the International Arena?," Asian Journal of Law and Economics, De Gruyter, vol. 2(1), pages 1-27, April.
    4. Leandro D�Aurizio & Marco Marinucci, 2013. "Italian firms� innovation strategies in 2008-2010," Questioni di Economia e Finanza (Occasional Papers) 197, Bank of Italy, Economic Research and International Relations Area.
    5. Le Goffic, Caroline & Zappalaglio, Andrea, 2017. "The Role Played by the US Government in Protecting Geographical Indications," World Development, Elsevier, vol. 98(C), pages 35-44.
    6. M. Comune & A. Naghavi & G. Prarolo, 2011. "Intellectual Property Rights and South-North Global Innovation Networks," Working Papers wp764, Dipartimento Scienze Economiche, Universita' di Bologna.
    7. Gurdial Nijar, 2011. "Food security and access and benefit sharing laws relating to genetic resources: promoting synergies in national and international governance," International Environmental Agreements: Politics, Law and Economics, Springer, vol. 11(2), pages 99-116, May.
    8. Frank Mueller-Langer, 2014. "Copyright and parallel trade," Chapters, in: Richard Watt (ed.), Handbook on the Economics of Copyright, chapter 16, pages 287-310, Edward Elgar Publishing.
    9. MILE 09, Maria Anna Corvaglia, 2013. "South-South Technology Transfer Addressing Climate Change: The Emerging Role of Developing Countries in the Global Climate Governance," Papers 474, World Trade Institute.
    10. Wonkyu Shin & Keun Lee & Walter G. Park, 2016. "When an Importer's Protection of IPR Interacts with an Exporter's Level of Technology: Comparing the Impacts on the Exports of the North and South," The World Economy, Wiley Blackwell, vol. 39(6), pages 772-802, June.
    11. Paul Oldham & Stephen Hall & Oscar Forero, 2013. "Biological Diversity in the Patent System," PLOS ONE, Public Library of Science, vol. 8(11), pages 1-16, November.

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