Nuno Pires de Carvalho – författare

In this brilliantly conceived and authoritative work the eminent intellectual property specialist Nuno Pires de Carvalho focuses on the mechanisms, obligations, and opportunities of trade secret protection under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). With the powerful knowledge base derived from his long experience both at the World Trade Organization (WTO) and the World Intellectual Property Organization (WIPO), he illuminates the crucial relationship of antitrust and industrial property, clearly demonstrating in contrast to much received wisdom the intrinsic pro-competitive nature of intellectual property and of industrial property in particular. Using an extraordinary wealth of practical detail, and offering hundreds of pointed hypothetical and actual examples, Pires de Carvalho dispels the murkiness around such essential concepts and provisions as the following:

Of special value in this book is the author s far-reaching analysis of the controversial emerging field of test data protection in industrial property.

The TRIPS Regime of Antitrust and Undisclosed Information provides a practical and insightful explanation of the meaning of the relevant TRIPS provisions, of how they should be reflected in national law and how courts are expected to enforce them. It combines an easy-to-follow article-by-article commentary on the TRIPS Agreement with a theoretical scholarly analysis that makes of it an invaluable resource to all those who wish to understand industrial property rights at a deeper level. Lawyers, judges, scholars and government officials will find an abundance of information and legal analysis here that will help them identify antitrust issues and solutions to problems of trade secrets posed by the implementation of the TRIPS Agreement.

Consumers can make choices because of the differentiation that is preserved by intellectual property. Competition law informs intellectual property, generally with the intent of ensuring that it achieves this main purpose. However, very often, certain public policies relating to competition interfere with the way intellectual property should normally operate, either with the purpose of reinforcing its differentiating role, or with the objective of submitting it to other public goals – such as access to essential goods and services, or in recognition of situations where a given invention becomes part of a technical standard or is deemed dangerous to health or the environment.

This book presents eighty cases that interpret the various public policies that mould the interface of intellectual property law with competition law (or antitrust). Although most cases are from the United States - which has developed an enormously wide wealth of jurisprudence in this area - there are also cases from the European Union, the United Kingdom, Australia, Canada, South Africa, Brazil, South Korea, India, and Argentina.

The author presents the cases under the following general headings:

Revealing in extraordinary depth the tensions behind the values of the free market which intellectual property serves and the variety of responses these tensions provoke, this book may be regarded as a watershed resource regarding the principles and policies that, sometimes coherently, sometimes not, preside over the very complex relationship between intellectual property and antitrust. It is sure to be greatly valued by all professionals in both fields, from practitioners to policymakers, as well as by academics.

An economy of services largely dominates our world today, but no patent system is available to support it. All signs point increasingly to evidence that in almost all countries舒and as enshrined in the TRIPS Agreement舒patent rules and procedures are seriously handicapped in their incapacity to respond to current economic reality. Many inventions today are made without any materiality, yet they are nonetheless genuine inventions, such as those that arise from the banking, insurance and business consulting industries. Today舗s patent system remains deeply linked to the making of things with human hands. It must evolve and adapt so that the new economy can also benefit from its advantages.

In this brilliantly conceived and authoritative work the eminent intellectual property specialist Nuno Pires de Carvalho focuses on the mechanisms, obligations, and opportunities of trade secret protection under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). With the powerful knowledge base derived from his long experience both at the World Trade Organization (WTO) and the World Intellectual Property Organization (WIPO), he illuminates the crucial relationship of antitrust and industrial property, clearly demonstrating 舒 in contrast to much 舖received wisdom舗 舒 the intrinsic pro-competitive nature of intellectual property and of industrial property in particular.

Consumers can make choices because of the differentiation that is preserved by intellectual property. Competition law informs intellectual property, generally with the intent of ensuring that it achieves this main purpose. However, very often, certain public policies relating to competition interfere with the way intellectual property should normally operate, either with the purpose of reinforcing its differentiating role, or with the objective of submitting it to other public goals – such as access to essential goods and services, or in recognition of situations where a given invention becomes part of a technical standard or is deemed dangerous to health or the environment.

This book presents eighty cases that interpret the various public policies that mould the interface of intellectual property law with competition law (or antitrust). Although most cases are from the United States - which has developed an enormously wide wealth of jurisprudence in this area - there are also cases from the European Union, the United Kingdom, Australia, Canada, South Africa, Brazil, South Korea, India, and Argentina.

The author presents the cases under the following general headings:

Revealing in extraordinary depth the tensions behind the values of the free market which intellectual property serves and the variety of responses these tensions provoke, this book may be regarded as a watershed resource regarding the principles and policies that, sometimes coherently, sometimes not, preside over the very complex relationship between intellectual property and antitrust. It is sure to be greatly valued by all professionals in both fields, from practitioners to policymakers, as well as by academics.

Recognized since its first edition as the preeminent work on its subject, this incomparable book thoroughly and expertly examines the intricacies of the provisions concerning trademarks and industrial designs enshrined in the Agreement on Trade-Related Aspects of Intellectual Property Rights (the TRIPS Agreement). It is organized as a paragraph-by-paragraph annotated text of the Agreement, with detailed commentary not only on the articles specifically dealing with industrial property but also on every clause in the agreement that could affect the protection of trademarks and/or designs.

The fourth edition brings the author''s prodigious analysis of case law, dispute settlements, ongoing scholarship and other pertinent developments fully up to date. With the authority and in-depth experience of a former long-time WIPO official with unparalleled knowledge of WTO Members'' practices in implementing TRIPS provisions, Nuno Pires de Carvalho brings his practical insight and vast scholarship to such complex questions as the following:

The recent worldwide phenomenon of measures involving the use of trademarks to pursue public health goals through plain packaging schemes is thoroughly analyzed and evaluated.

Lawyers, judges, scholars and government officials will find a wealth of information and legal analysis in this new edition of that will help them identify new approaches and solutions to problems of trademark and design law posed by the implementation of the TRIPS Agreement. With its combination of practically focused article-by-article commentary and scholarly analysis and insight, this edition will be an invaluable resource to all those who wish to understand industrial property at a deeper level.

This preeminent work has proven the best practical commentary on the TRIPS agreement related to patents and test data. This fifth edition, in which the author has revised the whole text and updated various arguments, continues to articulate with unmatched clarity the specific steps that a government or a company must take, in a wide variety of possible contexts, to ensure that its patent-related obligations under TRIPS are met.

The presentation is arranged in an article-by-article format, following the TRIPS Agreement itself as it relates to patents and test data. In this way, the author’s incisive analysis covers every issue likely to arise in today’s patent and test data administrative and legal practice, including the following:

The TRIPS Agreement has a direct impact on the daily activities of corporations, governments, and consumers. This book contains a very practical explanation of the meaning of the patent-related TRIPS provisions, how they should be reflected in national law, and how courts are expected to enforce them. For these reasons and more, the Fifth Edition is a crucially important resource for patent and public health lawyers seeking compliance as well as for government officials charged with the implementation of TRIPS obligations.

Recognized since its first edition as the preeminent work on its subject, this incomparable book thoroughly and expertly examines the intricacies of the provisions concerning trademarks and industrial designs enshrined in the Agreement on Trade-Related Aspects of Intellectual Property Rights (the TRIPS Agreement). It is organized as a paragraph-by-paragraph annotated text of the Agreement, with detailed commentary not only on the articles specifically dealing with industrial property but also on every clause in the agreement that could affect the protection of trademarks and/or designs.

The fourth edition brings the author''s prodigious analysis of case law, dispute settlements, ongoing scholarship and other pertinent developments fully up to date. With the authority and in-depth experience of a former long-time WIPO official with unparalleled knowledge of WTO Members'' practices in implementing TRIPS provisions, Nuno Pires de Carvalho brings his practical insight and vast scholarship to such complex questions as the following:

The recent worldwide phenomenon of measures involving the use of trademarks to pursue public health goals through plain packaging schemes is thoroughly analyzed and evaluated.

Lawyers, judges, scholars and government officials will find a wealth of information and legal analysis in this new edition of that will help them identify new approaches and solutions to problems of trademark and design law posed by the implementation of the TRIPS Agreement. With its combination of practically focused article-by-article commentary and scholarly analysis and insight, this edition will be an invaluable resource to all those who wish to understand industrial property at a deeper level.

This preeminent work has proven the best practical commentary on the TRIPS agreement related to patents and test data. This fifth edition, in which the author has revised the whole text and updated various arguments, continues to articulate with unmatched clarity the specific steps that a government or a company must take, in a wide variety of possible contexts, to ensure that its patent-related obligations under TRIPS are met.

The presentation is arranged in an article-by-article format, following the TRIPS Agreement itself as it relates to patents and test data. In this way, the author’s incisive analysis covers every issue likely to arise in today’s patent and test data administrative and legal practice, including the following:

The TRIPS Agreement has a direct impact on the daily activities of corporations, governments, and consumers. This book contains a very practical explanation of the meaning of the patent-related TRIPS provisions, how they should be reflected in national law, and how courts are expected to enforce them. For these reasons and more, the Fifth Edition is a crucially important resource for patent and public health lawyers seeking compliance as well as for government officials charged with the implementation of TRIPS obligations.

Nuno Pires de Carvalho, widely honored for his incomparable research in the origins and development of intellectual property, has devoted a considerable portion of his writing to the role this field of law plays in specific areas of human endeavor, including medicine and fashion. In this book, he brings his meticulous scholarship to bear on how society has constructed intellectual property so as to adapt it to the needs of the industries of food and hospitality and how entrepreneurs have extracted from intellectual property the most appropriate means for capturing knowledge and reputation in these two fields of business.

Presenting a comprehensive collection of more than two hundred documentary sources illustrating this evolution since antiquity ¬– with notes explaining the context and relevance of each source – the book delineates the enchainment of important moments in the development of intellectual property in the context of food and hospitality. Along the way, the book details the particular development of such specific aspects as the following:

rules against unfair competition among food producers and preparers;

patents for culinary recipes, foodstuffs, and hospitality services;

exclusions from patentability;

marking of goods and containers;

inventions of devices and processes in food preparation;

identifiers in such industries as cutlery, baking, winemaking, cheesemaking, and brewing;

emergence of intellectual property for plant varieties;

database protection for organized compilations of recipes.

To illustrate some of the peculiarities of intellectual property as applied to food and hospitality, the book includes numerous pictures of patent and copyright claim documents, trademarks, advertisements, labels, culinary book covers, and food preparation devices.

Because of the multiple nature of the human activities behind it, food calls for every variant of intellectual property. Thus, this matchless volume will be of great interest to all concerned with any branch of intellectual property law, including practitioners, academics, magistrates, government officials, and even the legal community as a whole. The book will reveal not only the ways intellectual property evolves and adapts to social changes but also how intellectual property law accommodates the needs and aspirations of entrepreneurs in the fields of food and hospitality.

Nuno Pires de Carvalho, widely honored for his incomparable research in the origins and development of intellectual property, has devoted a considerable portion of his writing to the role this field of law plays in specific areas of human endeavor, including medicine and fashion. In this book, he brings his meticulous scholarship to bear on how society has constructed intellectual property so as to adapt it to the needs of the industries of food and hospitality and how entrepreneurs have extracted from intellectual property the most appropriate means for capturing knowledge and reputation in these two fields of business.

Presenting a comprehensive collection of more than two hundred documentary sources illustrating this evolution since antiquity ¬– with notes explaining the context and relevance of each source – the book delineates the enchainment of important moments in the development of intellectual property in the context of food and hospitality. Along the way, the book details the particular development of such specific aspects as the following:

rules against unfair competition among food producers and preparers;

patents for culinary recipes, foodstuffs, and hospitality services;

exclusions from patentability;

marking of goods and containers;

inventions of devices and processes in food preparation;

identifiers in such industries as cutlery, baking, winemaking, cheesemaking, and brewing;

emergence of intellectual property for plant varieties;

database protection for organized compilations of recipes.

To illustrate some of the peculiarities of intellectual property as applied to food and hospitality, the book includes numerous pictures of patent and copyright claim documents, trademarks, advertisements, labels, culinary book covers, and food preparation devices.

Because of the multiple nature of the human activities behind it, food calls for every variant of intellectual property. Thus, this matchless volume will be of great interest to all concerned with any branch of intellectual property law, including practitioners, academics, magistrates, government officials, and even the legal community as a whole. The book will reveal not only the ways intellectual property evolves and adapts to social changes but also how intellectual property law accommodates the needs and aspirations of entrepreneurs in the fields of food and hospitality.

From Babylon to the Silicon Valley—The Origins and Evolution of Intellectual Property

A Sourcebook

Nuno Pires de Carvalho

At its core, intellectual property today is the same as it was six thousand years ago: an instrument for the assertion of the identities of merchants and manufacturers in their struggle to lure customers with honesty and fairness. It arises spontaneously whenever and wherever entrepreneurs carry out their professions in an environment of competition. This masterful book, the first of its kind, presents more than two hundred sources going back to ancient Egypt, sharply detailing the evolution of intellectual property right up to its current prominence in global trade and international law.

Highlighting important moments in the evolution of the intellectual property, the author—one of the world’s best known authorities in the field—assembles his chosen sources in a way that sheds definitive light on such aspects as the following:

The sources—many translated into English for the first time—are preceded when appropriate by brief notes explaining their context and relevance. The book closes with a chapter on contemporary debates, such as new areas of protection and new social controversies.

As a compilation of sources that would be otherwise unavailable to most readers, this factual and impartial account of why and how intellectual property has emerged and evolved is a treasure trove for all those interested in how the imperatives of civilization have designed and continue to design the scope and the limits of intellectual property. The book will be warmly welcomed by practitioners seeking a deeper understanding of their working tools, as well as by academics, government officials, and relevant international organizations around the world.

From Babylon to the Silicon Valley—The Origins and Evolution of Intellectual Property

A Sourcebook

Nuno Pires de Carvalho

At its core, intellectual property today is the same as it was six thousand years ago: an instrument for the assertion of the identities of merchants and manufacturers in their struggle to lure customers with honesty and fairness. It arises spontaneously whenever and wherever entrepreneurs carry out their professions in an environment of competition. This masterful book, the first of its kind, presents more than two hundred sources going back to ancient Egypt, sharply detailing the evolution of intellectual property right up to its current prominence in global trade and international law.

Highlighting important moments in the evolution of the intellectual property, the author—one of the world’s best known authorities in the field—assembles his chosen sources in a way that sheds definitive light on such aspects as the following:

The sources—many translated into English for the first time—are preceded when appropriate by brief notes explaining their context and relevance. The book closes with a chapter on contemporary debates, such as new areas of protection and new social controversies.

As a compilation of sources that would be otherwise unavailable to most readers, this factual and impartial account of why and how intellectual property has emerged and evolved is a treasure trove for all those interested in how the imperatives of civilization have designed and continue to design the scope and the limits of intellectual property. The book will be warmly welcomed by practitioners seeking a deeper understanding of their working tools, as well as by academics, government officials, and relevant international organizations around the world.

The COVID-19 pandemic has magnified the tensions inherent in the interface of proprietary medicines and the strong reaction of society at large in respect of pharmaceutical inventors and rights holders. As this comprehensive collection of sources shows, these tensions have persisted since ancient times. The sources—along with headnotes and a deeply informed preamble—clearly illustrate how society has constructed intellectual property in association with medicines to adapt it to the needs of entrepreneurship and free trade, and, at the same time, accommodating it to the imperatives of public health.

Revealing two major lines of tension—trademarks versus generic designations and patents versus trade secrets—the texts deal with such aspects of the special intellectual property of medicines and access to health as the following:

The sources are structured in two chapters (business identifiers—trademarks, geographical indications, shop signs—and appropriation of knowledge—patents, trade secrets) to permit an easy understanding of the enchainment of important moments that have contributed to give intellectual property for medicines its special configuration.

The selection of sources (more than 200) underlines the struggle of creative entrepreneurs in the pharmaceutical field to obtain a living from their trade and all the contradictions to which it gives rise, as well as approaches that governments have adopted to deal with its tensions. Practitioners in intellectual property law and healthcare law, magistrates, medical professionals, and academics will have a better sense of how the imperatives of public health have designed and continue designing norms and principles of intellectual property especially adapted to the social goals it serves.

The COVID-19 pandemic has magnified the tensions inherent in the interface of proprietary medicines and the strong reaction of society at large in respect of pharmaceutical inventors and rights holders. As this comprehensive collection of sources shows, these tensions have persisted since ancient times. The sources—along with headnotes and a deeply informed preamble—clearly illustrate how society has constructed intellectual property in association with medicines to adapt it to the needs of entrepreneurship and free trade, and, at the same time, accommodating it to the imperatives of public health.

Revealing two major lines of tension—trademarks versus generic designations and patents versus trade secrets—the texts deal with such aspects of the special intellectual property of medicines and access to health as the following:

The sources are structured in two chapters (business identifiers—trademarks, geographical indications, shop signs—and appropriation of knowledge—patents, trade secrets) to permit an easy understanding of the enchainment of important moments that have contributed to give intellectual property for medicines its special configuration.

The selection of sources (more than 200) underlines the struggle of creative entrepreneurs in the pharmaceutical field to obtain a living from their trade and all the contradictions to which it gives rise, as well as approaches that governments have adopted to deal with its tensions. Practitioners in intellectual property law and healthcare law, magistrates, medical professionals, and academics will have a better sense of how the imperatives of public health have designed and continue designing norms and principles of intellectual property especially adapted to the social goals it serves.