By Antony Taubman
This ebook is a concise and obtainable advisor to the sensible workings of the journeys contract (Trade-Related elements of highbrow estate Rights) for policymakers and their felony advisers. The booklet bargains a special insider's account of the way the foreign principles of IP functionality in perform inside a broader felony framework that comprises WTO legislation and dispute solution methods. It clarifies how IP legislation and alternate legislations needs to be handled in a coherent and sustainable demeanour, and offers sensible information on how one can learn public coverage pursuits into the formula and alertness of IP legislation and comparable rules, in the criminal framework validated via journeys. The ebook is concise and transparent, and cuts in the course of the textual muddle and complexity that afflicts policymaking and negotiation less than the journeys regime.
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Extra info for A Practical Guide to Working with TRIPS
TRIPS is not a template for legislators, nor a model law TRIPS is an international agreement between trading partners on what they can legitimately expect of one another as far as IP protection is concerned, and on the actions they can and cannot take when those expectations, inevitably, are significantly frustrated. It is not a model IP law, and for the most part, its text is ill suited to be converted directly into domestic legislation or treated as draft legislation to be directly adapted into domestic law.
Trade rules had been governed through a looser arrangement, the GATT, which had been provisionally in force for some 40 years and did not constitute a separate organization. Even at a late stage in the Uruguay Round negotiations, the GATT Director General felt the creation of a new organization was a ‘nebulous’ idea, lower in priority than the conclusion of GATT negotiations. Yet the creation of this new institution, the WTO, gave international economic law a stronger institutional presence, a decisive shift from its earlier improvised, informal character, towards a formal, legalistic structure—a shift, in effect, from a diplomatic forum to a legal regime.
Developed countries could use the inducement of access to traditional markets to push developing countries to strengthen their IP protection. But developing countries were equally given a new form of trade leverage—meaning they could use IP to leverage access for agricultural products in rich country markets. • A comprehensive agreement covering the protection of intellectual property under national law—the TRIPS Agreement. ’ There was a special focus on ‘international trade in counterfeit goods,’ as this was felt to be an illegitimate form of cross-border trade.