By Antony Taubman
This ebook is a concise and obtainable advisor to the sensible workings of the journeys contract (Trade-Related features of highbrow estate Rights) for policymakers and their felony advisers. The publication bargains a different insider's account of ways the foreign principles of IP functionality in perform inside of a broader criminal framework that contains WTO legislations and dispute solution strategies. It clarifies how IP legislation and alternate legislation has to be handled in a coherent and sustainable demeanour, and offers useful suggestions on how you can learn public coverage pursuits into the formula and alertness of IP legislation and similar rules, in the felony framework verified by way of journeys. The e-book is concise and transparent, and cuts in the course of the textual litter and complexity that afflicts policymaking and negotiation below the journeys regime.
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Extra resources for A Practical Guide to Working with TRIPS
For the most part, the actual standards of TRIPS are reasonably conservative in character—at least for most developed countries, whose laws and legal systems the TRIPS standards were essentially modelled upon. Equally, TRIPS is silent on some key issues that preoccupy policymakers today, such as IP on the internet, domain names, patent quality, and the protection of traditional knowledge systems and biodiversity. Even so, TRIPS revolutionized the international governance of IP, and precipitated a massive wave of IP legislation and institution-building, predominantly for those developing countries which had not already introduced the kind of comprehensive IP protection that TRIPS mandated.
This happens only rarely. The WTO has 153 members, comprising the bulk of the global economy, and TRIPS sets rigorous standards for an unprecedented range of categories of IP law, as well as their administration and enforcement. Yet between 1995 and 2009 there were only eight distinct findings of non-compliance with TRIPS; all but two (one each on India and China) concerned developed countries. On the whole WTO Members do seek to comply with TRIPS standards in good faith, and it is both good policy and a formal legal undertaking to do so.
And developing country negotiators ensured that the text of TRIPS sets an exacting, and in principle very encouraging, rationale and discipline for the protection and enforcement of IP rights: Article 7 of TRIPS stipulates that IP protection should, contribute to the promotion of technological innovation and to the transfer and dissemination of technology, to the mutual advantage of producers and users of technological Intellectual Property and Trade Law 11 knowledge and in a manner conducive to social and economic welfare, and to a balance of rights and obligations.
A Practical Guide to Working with TRIPS by Antony Taubman