WTO Dispute Settlement and the TRIPS Agreement

Applying Intellectual Property Standards in a Trade Law Framework

AvMatthew Kennedy

Inbunden, Engelska, 2016

Del 24 i serien Cambridge International Trade and Economic Law

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Häftad

540 kr

Beskrivning

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.

Produktinformation

Utgivningsdatum:2016-04-21
Mått:152 x 229 x 27 mm
Vikt:830 g
Format:Inbunden
Språk:Engelska
Serie:Cambridge International Trade and Economic Law
Antal sidor:498
Förlag:Cambridge University Press
ISBN:9781107144682

Utforska kategorier

Folkrätt inom Juridik
Immaterialrätt inom Juridik

Mer om författaren

Matthew Kennedy is a professor in the Faculty of Law at the University of International Business and Economics, Beijing. He was formerly a senior lawyer in the WTO Secretariat and Secretary of the WTO Council for TRIPS.

Recensioner i media

'This excellent book by Prof. Kennedy offers a detailed analysis and critique of the WTO dispute settlement practice involving the TRIPS Agreement in order to examine how this trade organization comes to grips with IP disputes among governments and takes into account the particular focus of this comprehensive minimum standard agreement for the protection of private rights. … By clarifying the interface between trade law and IP law at each stage of WTO dispute settlement procedures, this innovative book will help to anticipate and resolve systemic legal problems resulting from the 'fragmentation' of international economic law and from the risks of extending a 'trade law approach' to the regulation and settlement of disputes in other areas of international law such as IP, investment, environment, and health law.' Ernst-Ulrich Petersmann, Journal of International Economic Law

Innehållsförteckning

Foreword Lars Anell; Foreword Thomas Cottier; 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.