Intellectual Property in the WTO Volume II
Edited by Carlos M. Correa
This concise and detailed Handbook addresses some of the most complex issues raised by the implementation of the TRIPS Agreement globally. Among other themes, the Handbook explores the applicability of GATT jurisprudence for the interpretation of the Agreement’s provisions. It also considers key issues relating to the enforcement of intellectual property rights, such as border measures and injunctive relief. Teamed with the first volume – Research Handbook on the Protection of Intellectual Property under WTO Rules – this analysis is supplemented by a thorough review of the most important cases on TRIPS decided under the WTO dispute settlement mechanism.
Carlos M. Correa
Patents are often considered as creating a true ‘property’, comparable to the rights over a piece of land. But the exclusive rights granted by patents are based on the assessment of compliance with standards that are subjectively interpreted and applied by patent offices and courts. The boundaries of a protected invention are also subject to interpretation. Moreover, in granting patents a number of legal fictions are applied. This chapter examines some of these legal fictions. It intends to show how weak the grounds for creating monopolies over knowledge through the grant of patent rights often are.