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Intellectual property : trade, competition, and sustainable development / Thomas Cottier and Petros C. Mavroidis, editors ; Marion Panizzon and Simon Lacey, associate editors.
- Format:
- Book
- Series:
- World Trade Forum (Series)
- Studies in international economics (Ann Arbor, Mich.)
- World Trade Forum ; v. 3
- Studies in international economics
- Language:
- English
- Subjects (All):
- Intellectual property (International law)--Economic aspects.
- Intellectual property (International law).
- Biotechnology--Patents.
- Biotechnology.
- International trade.
- Competition.
- Sustainable development.
- Genre:
- Electronic books.
- Patents.
- Physical Description:
- 1 online resource (xv, 558 pages).
- Place of Publication:
- Ann Arbor : University of Michigan Press, c2003.
- System Details:
- text file
- Summary:
- The incorporation of intellectual property protection into the WTO international trading system has been a milestone in international economic law and has added a new dimension to trade regulation -- new rights and obligations and new challenges alike. The contributors, leading scholars and practitioners in the field, provide insights into the legal relationship of the TRIPs Agreement to the GATT 94 and the GATS. The book widens the debate with a thorough discussion on pending and unresolved relations of TRIPs, the WTO, UPOV, the Convention on Biodiversity and Farmers' Rights contained in the FAO International Undertaking, and efforts of the World Bank GCIAR system, including IPGRI. What will be the impact of TRIPs on ownership of plant genetic resources? Largely a victory for OECD countries, the present state of intellectual property rights has important implications for developing countries. The incorporation of intellectual property rights into the WTO system will eventually change the relationship of trade, competition, and intellectual property. It will equally have to assist in providing equitable sharing of benefits in the use of plant genetic resources. All of these issues are essential for the revision of exclusions from patenting in TRIPs. This volume offers insights into how this difficult task could and should be approached in a balanced manner and will be essential reading for economists and trade and intellecual property lawyers interested in the subject. Moreover, the volume will be relevant to agricultural economists as it addresses complex problems in the interstices of trade, intellectual property, plant genetic resources, and sustainable development.
- Contents:
- Intellectual Property: Trade, Competition, and Sustainable Development
- An Overview / Thomas Cottier, Petros C. Mavroidis 1
- Part I Intellectual Property in the Multilateral Trading System
- 1 From Negative to Positive Integration in the WTO: The TRIPS Agreement and the WTO Constitution / Ernst-Ulrich Petersmann 21
- 2 The Triangle of TRIPs, GATT and GATS / William J. Davey, Werner Zdouc 53
- 3 Comments on the Paper Presented by Ernst-Ulrich Petersmann / Jacques H.J. Bourgeois 85
- 4 Comments on the Paper Presented by William J. Davey and Werner Zdouc / Jacques H.J. Bourgeois 91
- 5 Comments on the Papers Presented by Ernst-Ulrich Petersmann and William J. Davey/Werner Zdouc / Robert Howse 95
- 6 The First Five Years (1995-1999): Implementing and Enforcing TRIPs Obligations / Adrian Otten 101
- 7 The TRIPs Agreement Comes of Age: Conflict or Cooperation in the Post-Transitional Phase? / Jerome H. Reichman 115
- 8 Comments on the Papers Presented by Adrian Otten and Jerome H. Reichman / Krista Nadakavukaren Schefer 141
- Part II Intellectual Property in Regional and National Trade Laws
- 9 Parallel Imports, Free Movement and Competition Rules: The European Experience and Perspective / Paul Demaret, Inge Govaere 147
- 10 Political Economy of the U.S. Parallel Trade Experience: Toward a More Thoughtful Policy / Frederick M. Abbott 177
- 11 Issues Regarding Parallel Importation of Trademarked and Patented Products and Competition Policy in Japan / Mitsuo Matsushita 189
- 12 Parallel Imports and IPR-Based Dominant Positions: Where Do India's Interests Lie? / Jayashree Watal 199
- 13 Parallel Imports into Switzerland
- A Spot of Global Free Trade amidst Fortress Europe? / Ingo Meitinger 211
- 14 Where Should WTO Law Go on the Exhaustion of Intellectual Property Rights? / Marco C.E.J. Bronckers 231
- 15 Intellectual Property Rights, Competition Policy and International Trade: Reflections on the Work of the WTO Working Group on the Interaction between Trade and Competition Policy (1996-1999) / Robert D. Anderson 235
- 16 A Short Note on Competition Rules in the WTO / David Palmeter 267
- 17 Roundtable Discussion on Parts I and II 269
- Part III Intellectual Property, Genetic Engineering and Sustainable Development
- 18 Intellectual Property, Biotechnology, and International Trade: Two Examples / John H. Barton 285
- 19 Which Rules in World Trade Law
- Patents or Plant Variety Protection? / Margaret Llewelyn 303
- 20 Patenting of Life Forms
- The European Experience and Perspectives / Joseph Straus 341
- 21 Elements for the Protection of Farmers' Plant Varieties / Carlos M. Correa 359
- 22 Conserving Biodiversity and Rewarding Associated Knowledge and Innovation Systems: Honey Bee Perspective / Anil K. Gupta 373
- 23 Technology Transfer in Agricultural Biotechnology: The Developing Country Perspective / Carsten Fink, Carlos A. Primo Braga 403
- 24 Comments on the Papers Presented by Anil K. Gupta and Carsten Fink/Carlos A. Primo Braga / Jean-Marie Grether, Jaime de Melo 421
- 25 Management of Plant Genetic Resources in the CGIAR: Problems, Prospects and the Quest for Equity / Geoffrey Hawtin 425
- 26 Major Legal Regimes Affecting Plant Genetic Resources (PGR): The Convention on Biological Diversity (CBD), the International Undertaking (IU) and the TRIPs Agreement / Susan H. Bragdon 441
- 27 The Concept of Farmers' Rights, the Role of FAO and the TRIPs Agreement / Martin A. Girsberger 455
- 28 Incentives to Bring about Conservation and Sustainable Use of Genetic Resources in the Framework of the World Trade Order / Susette Biber-Klemm 481
- 29 Comment: Some Thoughts on Managing the Interface between Intellectual Property, Genetic Engineering and Sustainable Development / Mary E. Footer 505
- 30 Comments on the Papers Presented by Geoffrey Hawtin, Susan H. Bragdon, Martin A. Girsberger, and Joseph Straus / Rinhard Quick 511
- 31 What Is the Future Role for the CBD in the Preservation of Plant Genetic Resources and Biological Diversity: A Plea for Policy Coherence / Christoph Bail 515
- 32 Roundtable Discussion on Part III 525
- The Legal Texts 547.
- Notes:
- Description based on information from the publisher.
- ISBN:
- 0472112058
- 9780472112050
- Publisher Number:
- 10.3998/mpub.17356
- Access Restriction:
- Restricted for use by site license.
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