Intellectual Property Rights as Obstacles to Legitimate Trade?

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Release : 2018-09-20
Genre : Law
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Book Rating : 053/5 ( reviews)

Intellectual Property Rights as Obstacles to Legitimate Trade? - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Intellectual Property Rights as Obstacles to Legitimate Trade? write by Christopher Heath. This book was released on 2018-09-20. Intellectual Property Rights as Obstacles to Legitimate Trade? available in PDF, EPUB and Kindle. Intellectual Property Rights as Obstacles to Legitimate Trade helps to understand one of the underlying rationales of the TRIPS Agreement in light of some of the most pertinent IP issues. The WTO/TRIPS Agreement for the first time put IP rights in the context of trade rules, such as when does the exercise of IP rights become an unjustified burden to legitimate trade? Cases have arisen where IP rights are conferred, used, or enforced in a manner that arguably impedes trade, both in domestic and international contexts. This groundbreaking book is the first comprehensive assessment of this controversial area of trade law, shedding important new light on the underlying rationales of the TRIPS Agreement. With contributions by both practitioners and academics working in a range of countries, this book considers thorny issues in such areas as the following: – interpretation of ‘obstacles to legitimate trade’ in the context of GATT/ WTO jurisprudence; – separating markets by preventing parallel importation in the context of patents; – geoblocking – territorial separation of digital markets; – using trademarks to prevent competition; – geographical indications – protection of terms that are considered generic in certain domestic markets; – seizure of goods in transit; – ‘evergreening’ patents – attempts to extend the duration of patents; – rights to second-hand digital goods or content; – unjustified threats – towards appropriate standards of liability. Focusing on topical and under-researched areas of IP law, the contributors stimulate a discussion on an overarching concern that is not often addressed – how to assess whether the protection and enforcement of certain IP rights in particular situations should be classified as trade barriers. As an incisive analysis of the desirable balance between the exercise of IP rights and the demands of legitimate trade, this book will be welcomed by practitioners, lawmakers, policy advisers, and academics in both trade law and IP law.

Intellectual Property Rights and International Trade

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Release : 2008
Genre : Business & Economics
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Book Rating : 621/5 ( reviews)

Intellectual Property Rights and International Trade - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Intellectual Property Rights and International Trade write by Shayerah Ilias. This book was released on 2008. Intellectual Property Rights and International Trade available in PDF, EPUB and Kindle. Introduction -- Intellectual property rights basics -- Global intellectual property holdings -- Contribution of intellectual property to U.S. economy -- The organized structure of IPR protection -- U.S. trade law -- Issues for Congress.

Guide to the Berne Convention for the Protection of Literary and Artistic Works

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Release : 1978
Genre : Law
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Book Rating : 023/5 ( reviews)

Guide to the Berne Convention for the Protection of Literary and Artistic Works - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Guide to the Berne Convention for the Protection of Literary and Artistic Works write by World Intellectual Property Organization. This book was released on 1978. Guide to the Berne Convention for the Protection of Literary and Artistic Works available in PDF, EPUB and Kindle. The aim of this Guide is to present, as simply and clearly as possible, the contents of the Berne Convention and to provide a number of explanations as to its nature, aims and scope.

Foreign Protection of Intellectual Property Rights and the Effect on U.S. Industry and Trade

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Release : 1988
Genre : Copyright infringement
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Book Rating : /5 ( reviews)

Foreign Protection of Intellectual Property Rights and the Effect on U.S. Industry and Trade - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Foreign Protection of Intellectual Property Rights and the Effect on U.S. Industry and Trade write by . This book was released on 1988. Foreign Protection of Intellectual Property Rights and the Effect on U.S. Industry and Trade available in PDF, EPUB and Kindle.

Trade Related Aspects of Intellectual Property Rights

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Release : 2020-07-18
Genre : Business & Economics
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Book Rating : 215/5 ( reviews)

Trade Related Aspects of Intellectual Property Rights - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Trade Related Aspects of Intellectual Property Rights write by Carlos Maria Correa. This book was released on 2020-07-18. Trade Related Aspects of Intellectual Property Rights available in PDF, EPUB and Kindle. 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 provides an in depth analysis of the principles and of the substantive and enforcement provisions of the TRIPS Agreement, the most influential international treaty on intellectual property currently in force. It discusses the legal context in which the Agreement was negotiated, the objectives of their proponents and the nature of the obligations it created for the members of the World Trade Organization. In particular, it examines the minimum standards that must be implemented with regard to patents, trademarks, industrial designs, geographical indications, copyright and related rights, integrated circuits, trade-secrets and test data for pharmaceutical and agrochemical products. Trade Related Aspects of Intellectual Property Rights: A Commentary on the TRIPS Agreement elaborates on the interpretation of provisions contained in said Agreement, in the light of the customary principles for the interpretation of international law. The analysis -which is supported by a review of the relevant GATT and WTO jurisprudence- identifies the policy space left to such members to implement their obligations in accordance with their own legal systems and public policy objectives, including in respect of complex issues such as patentability criteria, compulsory licenses, exceptions and limitations to copyright, border measures, injunctive relief and the protection of test data under the discipline of unfair competition.