Interpreting TRIPS

1. Auflage 2011
ISBN: 978-1-84113-953-1
Verlag: Bloomsbury 3PL

Buch, Englisch, 582 Seiten, Hardback, Format (B × H): 161 mm x 240 mm, Gewicht: 1030 g

Protection of intellectual property rights (IPRs) has become a global issue. The Trade-Related Aspects of Intellectual Property (TRIPS) Agreement outlines the minimum standards for IPR protection for WTO members and offers a global regime for IPR protection. However, the benefits of TRIPS are more questionable in poorer countries where national infrastructure for research and development (R&D) and social protection are inadequate, whereas the cost of innovation is high. Today, after more than a decade of intense debate over global IPR protection, the problems remain acute, although there is also evidence of progress and cooperation.

This book examines various views of the role of IPRs as incentives for innovation against the backdrop of development and the transfer of technology between globalised, knowledge-based, high technology economies. The book retraces the origins, content and interpretations of the TRIPS Agreement, including its interpretations by WTO dispute settlement organs. It also analyses sources of controversy over IPRs, examining pharmaceutical industry strategies of emerging countries with different IPR policies.

The continuing international debate over IPRs is examined in depth, as are TRIPS rules and the controversy about implementing the 'flexibilities' of the Agreement in the light of national policy objectives. The author concludes that for governments in developing countries, as well as for their business and scientific communities, a great deal depends on domestic policy objectives and their implementation. IPR protection should be supporting domestic policies for innovation and investment. This, in turn requires a re-casting of the debate about TRIPS, to place cooperation in global and efficient R&D at the heart of concerns over IPR protection.

Autoren/Hrsg.

Yamane, Hiroko

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Handels-, Wirtschafts- und Gesellschaftsrecht
• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationaler Gewerblicher Rechtsschutz, Medien-, IT- und Urheberrecht

Inhaltsverzeichnis

Introduction

Part I Background
1 Innovation Incentives

2 International IP Cooperation and Developing Country Perspectives

3 Biotech Inventions and Patentable Subject Matter

Part II The TRIPS Agreement
4 Uruguay Round Negotiations and the Adoption of TRIPS

5 The TRIPS Agreement de Lege Lata: the Outline

6 Various Methods of Interpretation: WTO Agreements and the Vienna Convention on the Law of Treaties

7 TRIPS Provisions as Interpreted by the WTO Dispute Settlement Organs

Part III Access to Medicines
8 T he AIDS Epidemic and TRIPS

9 Doha Declaration and Beyond

Part IV IP and Industrial Policies
10 Emerging Economies' IP and Industrial Policies

11 Pharmaceutical Industries, R&D and Public Health in Emerging Economies 388
Part V TRIPS Flexibilities and National Implementation
12 TRIPS Flexibilities and National Implementation (1) Patentable Subject Matter and Patentability Requirements

13 TRIPS Flexibilities and National Implementation (2) Protection of Test Data Submitted to Regulatory Authorities

14 'TRIPS Plus' Provisions in US Free Trade Agreements

Part VI Interpreting TRIPS for Innovation
15 Recasting the Debate on Intellectual Property Rights

Über Autor(innen)

Yamane, Hiroko
Hiroko Yamane is a Professor Emeritus of Law at the National Graduate Institute for Policy Studies (GRIPS) in Tokyo, Japan.

Hiroko Yamane is a Professor at the National Graduate Institute for Policy Studies, Tokyo. She teaches International Economic Law, Competition and Intellectual Property. She was a member of the Commission on Intellectual Property, Innovation and Public Health (CIPIH, 2003-06) of the World Health Organization (WHO).