The Agreement on Trade-Related Aspects of Intellectual Property Rights, made under the auspices of the General Agreement on Tariffs and Trade (GATT) Uruguay Round – which also decided to rename GATT the World Trade Organization, in part reflecting its new interest in intellectual property. Formally, TRIPS is Annex 1C of the Marrakesh Agreement Establishing the World Trade Organization, signed in Marrakesh on 15 April 1994. Being an integral part of the WTO agreement, it is automatically binding on members, of which there are 153 (July 2008 figure). There were
I. Background The Agreement of 15 April 1994 on Trade Related Aspects of Intellectual Property Rights (TRIPS, 1869 UNTS 299) is part of the WTO ’s Final Act of the 1986–94 Uruguay Round of trade negotiations. TRIPS contains a framework of fundamental principles on substantive issues of intellectual property and on enforcement measures to be respected by all WTO members (→ WTO and private international law ). TRIPS negotiations introduced intellectual property issues to the realm of international trade policy. The agreement incorporates the most significant
Towards a New IP World Order?
Edited by Gustavo Ghidini, Rudolph J.R. Peritz and Marco Ricolfi
6. Trips and trade Volker Nitsch Historically, personal visits by politicians have always been an important tool of international diplomacy. Statues and paintings, for instance, document the role and importance of imperial visits by emperors; some emperors, from the Roman emperor Hadrian (76–138) to the last German emperor Wilhelm II (1859–1941), have even been nicknamed “travelling emperor” because of their frequent travels.1 Biographies of statesmen often feature at length their external travels.2 In recent years, however, despite modern communication
R. Quentin Grafton, Harry W. Nelson, N. Ross Lambie and Paul R. Wyrwoll
Limits imposed on the amount of a resource that can be harvested per trip. Trip limits are imposed in some fisheries in an attempt to discourage fishers from investing in larger vessels and increasing the capacity of the fleet.
A shorthand term denoting the efforts, generally attributed to WIPO, to impose on developing nations and least-developed countries obligations going beyond the norms set out in the TRIPS agreement. Not popular with Brazil or Argentina, which have launched an initiative for a development agenda within WIPO.
Justin Malbon, Charles Lawson and Mark Davison
JOBNAME: Malbon PAGE: 1 SESS: 10 OUTPUT: Wed Nov 20 10:29:10 2013 TRIPS: PREAMBLE Text: Preamble Members, Desiring to 1 reduce distortions and impediments to international trade, and taking into account 2 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 3 become barriers to legitimate trade1; Recognizing, to this end, the need for new rules and disciplines concerning: (a) the applicability of the basic principles of GATT
Cynthia M. Ho
10. The intersection of ISDS and TRIPS flexibilities Cynthia M. Ho This chapter evaluates the extent to which TRIPS flexibilities are compromised by investor-state disputes regarding IP norms that are covered by TRIPS. Although some commentators have asserted that initial disputes suggest that such flexibilities are preserved, this chapter suggests that TRIPS flexibilities remain threatened by the continued existence of ISDS. Why? The short answer is that these initial decisions fundamentally indicate that investor-state tribunals consider it appropriate to
Arie Romein and Jan Jacob Trip
2. Theory and practice of the creative city thesis: experiences from Amsterdam and Rotterdam Arie Romein and Jan Jacob Trip INTRODUCTION Within a few years the creative city has become a popular concept among urban policy-makers worldwide. Being as attractive as it is controversial, the creative city thesis involves the prospect of urban economic development based on creativity represented by either the creative class or creative industries. Particularly, Richard Florida’s book The Rise of the Creative Class (2002) has given a boost to this idea. Whereas