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Justin Malbon, Charles Lawson and Mark Davison

JOBNAME: Malbon PAGE: 3 SESS: 11 OUTPUT: Wed Nov 20 10:29:10 2013 INTERPRETING THE TRIPS AGREEMENT OVERVIEW 3 PRIMACY OF THE TEXT 6 DEALING WITH CONFLICTING PROVISIONS Lex superior Lex specialis Lex posterior 8 9 9 11 RULE OF EFFECTIVENESS 12 PRESUMPTION OF MINIMUM OBLIGATIONS 13 WTO’S UNDERSTANDING ON RULES AND PROCEDURES GOVERNING THE SETTLEMENT OF DISPUTES (DSU) 15 Text: Article 3 Concepts and definitions Legitimate expectations 15 16 20 VIENNA CONVENTION ON THE LAW OF TREATIES Text: Article 28 Text: Article 31: General rule of interpretation

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Justin Malbon, Charles Lawson and Mark Davison

JOBNAME: Malbon PAGE: 1 SESS: 3 OUTPUT: Wed Nov 20 10:29:10 2013 APPENDIX: TRIPS AGREEMENT ANNEX 1C AGREEMENT ON TRADE-RELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHTS PART I GENERAL PROVISIONS AND BASIC PRINCIPLES PART II 1. 2. 3. 4. 5. 6. 7. 8. STANDARDS CONCERNING THE AVAILABILITY, SCOPE AND USE OF INTELLECTUAL PROPERTY RIGHTS 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

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Malebakeng Agnes Forere

1 INTRODUCTION The Trade-Related Aspects of Intellectual Property Rights (TRIPs) Agreement of the World Trade Organization (WTO) provides minimum standards for the protection of intellectual property. Whereas there are many areas of intellectual property, the discussion herein focuses on patents protection only. Aware of the legitimate needs of countries, the TRIPs Agreement provides exceptions to the exclusive use of rights of patent holders through, for example, compulsory licensing. Despite these flexibilities in the TRIPs Agreement, there has been fierce

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Anselm Kamperman Sanders

JOBNAME: Kamperman PAGE: 1 SESS: 3 OUTPUT: Thu Sep 25 11:09:31 2014 10. National treatment under the TRIPS Agreement Anselm Kamperman Sanders I. INTRODUCTION As was described in earlier chapters, most notably those by Heath and Brauneis, national treatment has been the standard in the field of intellectual property since the inception of the Paris and Berne Conventions. The TRIPS Agreement builds on this foundation, and distinguishes itself in that it is at heart a minimum standards agreement for intellectual property protection that is an integral part of the

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Elizabeth Rowe and Sharon K. Sandeen

JOBNAME: Rowe PAGE: 1 SESS: 7 OUTPUT: Mon Jul 27 10:25:43 2015 2 ARTICLE 39 OF THE TRIPS AGREEMENT I. SIGNIFICANCE OF THE WTO AGREEMENT 2.01 A. General provisions of the TRIPS Agreement 2.04 B. Enforcement requirements in the TRIPS Agreement 2.07 2.18 III. REQUIREMENTS OF ARTICLE 39 IV. FLEXIBILITIES OF ARTICLE 39 V. METHODS OF COMPLIANCE WITH ARTICLE 39 2.28 2.34 2.37 II. DRAFTING HISTORY OF ARTICLE 39 I. SIGNIFICANCE OF THE WTO AGREEMENT As noted in Chapter 1, the first effort to harmonize international trade secret 2.01 principles occurred as part of the

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R. Quentin Grafton, Harry W. Nelson, N. Ross Lambie and Paul R. Wyrwoll

A World Trade Organization (WTO) agreement that provides the minimum standards of protection of intellectual property that must be undertaken by all members, such as providing copyrights for books or patents for products. A critique of TRIPS is that it fails to provide adequate protection for traditional and indigenous knowledge.

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Luis Mariano Genovesi

7 The TRIPS Agreement and intellectual property rights exhaustion Luis Mariano Genovesi The principle of exhaustion of intellectual property rights (IPR), in its classic version, holds that once the owner of the IPR places the product protected by the IPR on the market, the IPR owner cannot use the right granted by the IPR against any person who acquires the product from the IPR owner or from another person with the consent of the IPR owner. This principle, which can also be applied to products put on the market by any authorized person – for instance, under a

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Peter K. Yu

5 The objectives and principles of the TRIPS Agreement Peter K. Yu* Introduction The Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPS Agreement) is one of the more controversial international intellectual property agreements that have entered into force. Its negotiations were highly contentious, and the perspectives of developed and less developed countries on the role of intellectual property protection and enforcement remain far apart. In recent years, less developed countries – including both developing and least developed countries

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Michael Blakeney

1. A critical analysis of the TRIPS agreement Michael Blakeney 1. INTRODUCTION Signature of the TRIPS agreement is one of the obligations which members of the WTO are obliged to undertake. The ostensible reason why this agreement was included in the constellation of undertakings which comprise the charter of a global free trade regime is that the infringement of intellectual property rights is claimed to be trade distorting. Intellectual property was included as a negotiating subject in the Uruguay Round of the GATT, largely on the evidence which was compiled by

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Justin Malbon, Charles Lawson and Mark Davison

JOBNAME: Malbon PAGE: 3 SESS: 9 OUTPUT: Wed Nov 20 10:29:10 2013 COMMENTARY ON THE PROVISIONS OF THE TRIPS AGREEMENT WTO AGREEMENT: PREAMBLE Text: Preamble The Parties to this Agreement, Recognizing that their relations in the field of trade and economic endeavour should be conducted with a view to raising standards of living, ensuring full employment and a large and steadily growing volume of real income and effective demand, and expanding the production of and trade in goods and services, while allowing for the optimal use of the world’s resources in