WTO Dispute Settlement and the TRIPS Agreement : applying intellectual property standards in a trade law framework / Matthew Kennedy.

Format:

Book

Author/Creator:

Kennedy, Matthew, 1965- author.

Series:

Cambridge international trade and economic law ; 24.

Cambridge international trade and economic law ; 24

Language:

English

Subjects (All):

Agreement on Trade-Related Aspects of Intellectual Property Rights (1994 April 15).

Agreement on Trade-Related Aspects of Intellectual Property Rights.

Intellectual property (International law).

Foreign trade regulation.

Physical Description:

1 online resource (xliii, 453 pages) : digital, PDF file(s).

Other Title:

WTO Dispute Settlement & the TRIPS Agreement

Place of Publication:

Cambridge : Cambridge University Press, 2016.

Summary:

The TRIPS Agreement was implemented in the WTO to gain access to a functioning dispute settlement mechanism that could authorize trade sanctions. Yet TRIPS and the WTO Dispute Settlement Understanding are based on systems that developed independently in WIPO and GATT. In this book, Matthew Kennedy exposes the challenges created by the integration and independence of TRIPS within the WTO by examining how this trade organization comes to grips with intellectual property disputes. He contrasts the way intellectual property disputes between governments have been handled before and after the establishment of the WTO. Based on practical experience, this book provides a comprehensive review of the issues that arise under the DSU, TRIPS, GATT 1994 and other WTO agreements in intellectual property matters. These range from procedural pitfalls to substantive treaty interpretation and conflicts as well as remedies, including cross-retaliation.

Contents:

Cover; Half-title page; Series page; Title page; Copyright page; Contents; Foreword; Series editor foreword; Acknowledgements; Table of GATT and WTO dispute settlement reports and arbitration awards; Table of TRIPS disputes; Table of arbitrations on suspension of TRIPS obligations; Abbreviations and acronyms; Figures; 1 Introduction; 2 Achievement of objectives; 3 Procedural foundations; 4 Interpretation of TRIPS; 5 Relation of TRIPS to other WTO agreements; 6 Remedies; 7 Non-violation and situation complaints; 8 Conclusions; Appendix: Case summaries; Index

Notes:

Title from publisher's bibliographic system (viewed on 05 May 2016).

ISBN:

1-316-58584-0

1-316-58692-8

1-316-58710-X

1-316-58728-2

1-316-58746-0

1-316-58818-1

1-316-53474-X