Intellectual Property in the WTO Volume I
Research Handbooks on the WTO series
Edited by Carlos M. Correa
Carlos M. Correa The World Trade Organization (WTO) has become, with the adoption of the TRIPS (Trade-related Aspects of Intellectual Property Rights) Agreement, the principal standard-setting organization in the area of intellectual property rights (IPRs). The Agreement sets forth minimum standards in most areas of IPRs, which have demanded massive changes in national legislation, particularly in developing countries. Few agreements in the WTO system have created so much controversy. Several issues relating to the implementation and interpretation of the TRIPS provisions have given rise to disputes. A Ministerial Declaration has been necessary to clarify the relationship between the TRIPS Agreement and public health (Doha, 2001), which eventually led to an amendment to the Agreement, currently subject to ratification. The TRIPS Agreement has generated an enormous amount of academic work, as well as numerous analyses by international organizations and civil society groups. There are already a number of books, reports and articles that cover different aspects of the TRIPS Agreement and that provide commentaries on the Agreement’s provisions. Many of these analyses, however, do not explore in depth the fundamental issues raised by the treaty, or aim to discuss the impact of such provisions rather than to better understand the content and scope of the imposed obligations in the light of the WTO system as a whole. This book aims to contribute to filling some of these gaps. A basic objective of this Handbook is to provide a source of high quality original reference material for research, teaching and professional practice...