Intellectual Property at the Crossroads of Trade

Intellectual Property at the Crossroads of Trade

ATRIP Intellectual Property series

Edited by Jan Rosén

The book comprises thoughtful contributions on varying commercial aspects of IP, from parallel imports of pharmaceuticals to exhaustion of rights, and from trade in goods of cultural heritage to regulation of goods in transit. There is detailed discussion of licensing, including cross-border elements, online licensing, and the potential for harmonisation in Europe. This precedes a multi-layered analysis of the Anti-counterfeiting Trade Agreement.

Chapter 11: ACTA and access to medicines in the perspective of theory of hard cases

Maciej Barczewski and Sebastian Sykuna

Subjects: law - academic, intellectual property law


The aim of ACTA was to raise the standards of intellectual property enforcement found in international instruments and, in particular, the TRIPS Agreement. Its aim was enhanced international cooperation and more effective international enforcement. In this light it presents a number of TRIPS-Plus elements. Yet, it chose to create its own governing body outside the World Trade Organization (WTO) and other existing international institutions or fora, such as the World Intellectual Property Organization (WIPO) or the United Nations (UN). The reason for this was that the existing international institutions were thought not to provide procedures that were sufficiently flexible to accommodate the attainment of a fast and effective result. The criticism was that this was achieved to a considerable extent at the expense of transparency.

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