Intellectual Property Rights in a Fair World Trade System

Intellectual Property Rights in a Fair World Trade System

Proposals for Reform of TRIPS

Edited by Annette Kur

This important new book constitutes a serious examination of both the positive potential, as well as the deficiencies, of the TRIPS agreement. In the light of their analysis, the editors and their colleagues make a powerful case for wide ranging reforms.

Proposed amended text (synopsis)

Edited by Annette Kur

Subjects: law - academic, intellectual property law, international economic law, trade law

Extract

AGREEMENT ON TRADE-RELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHTS PART I GENERAL PROVISIONS AND BASIC PRINCIPLES STANDARDS CONCERNING THE AVAILABILITY, SCOPE AND USE OF INTELLECTUAL PROPERTY RIGHTS 458 PART II 468 1. 2. 3. 4. 5. 6. 7. 8. Copyright and Related Rights Trademarks Geographical Indications Industrial Designs Patents Layout-Designs (Topographies) of Integrated Circuits Protection of Undisclosed Information Control of Anti-Competitive Practices in Contractual Licences 468 474 480 487 490 502 505 507 PART III ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS 1. General Obligations . . . Annex to the TRIPS Agreement Appendix to the Annex to the TRIPS Agreement 455 509 509 517 524 M2505 - KUR PRINT.indd 455 28/01/2011 16:36 456 IP rights in a fair world trade system Members, Desiring to reduce distortions and impediments to international trade, and taking into account the need to promote effective and adequate protection of intellectual property rights, and to ensure that measures and procedures to enforce intellectual property rights do not themselves become barriers to legitimate trade; Recognizing, to this end, the need for new rules and disciplines concerning: (a) the applicability of the basic principles of GATT 1994 and of relevant international intellectual property agreements or conventions; (b) the provision of adequate standards and principles concerning the availability, scope and use of trade-related intellectual property rights; (c) the provision of effective and appropriate means for the enforcement of trade-related intellectual property rights, taking into account differences in national legal systems; (d) the provision of effective and expeditious procedures for the multilateral prevention and...

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