Competition Law, Technology Transfer and the TRIPS Agreement
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Competition Law, Technology Transfer and the TRIPS Agreement

Implications for Developing Countries

Tu Thanh Nguyen

The book investigates competition law and international technology transfer in the light of the TRIPS Agreement and the experience of both developed and developing countries. On that basis, it draws relevant implications for developing countries.
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Chapter 1: Technology Transfer and Competition Rules Under the TRIPS Agreement

Tu Thanh Nguyen


1.1 1.1.1 INTRODUCTION Overview The TRIPS Agreement is one of the most important agreements of the WTO, which itself has its origin in the GATT 1947. The GATT 1947 provided the legal framework governing world trade in goods between the ‘contracting parties’ until the emergence of the WTO on 1 January 1995, the GATT 1947 being now incorporated into the GATT 1994. Although the GATT 1947 aims at trade in goods, it does contain some provisions on IPRs.1 However, no special attention was paid to these IPR-related provisions until the end of the Tokyo Round (1973–1979), where the question of counterfeit goods was examined in 1978–1979. A draft of the Agreement on Measures to Discourage the Importation of Counterfeit Goods was then circulated in 1982.2 This draft was discussed in the Uruguay Round (1986–1994) but in the broader context: trade-related aspects of IPRs, including trade in counterfeit goods.3 Negotiations in the Uruguay Round were gradually focused on trade-related aspects of IPRs.4 Finally, the TRIPS Agreement was concluded as part of a WTO package in 1994. As a result, IP protection has become an integral part of the WTO multilateral trading system. The TRIPS Agreement establishes minimum standards of protection for a globalized IP regime instead of creating a uniform or deeply harmonized one.5 It can be regarded as a multilateral rule of law to the extent to which WTO Members must now protect the IP of other Members’ nationals. The conclusion See Articles XX(d), XII.3(iii)...

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