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The TRIPS Regime of Patent Rights: With an Introduction on the History and the Economic Function of Patents (2nd Edition Revised) [Hardcover]

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Item description for The TRIPS Regime of Patent Rights: With an Introduction on the History and the Economic Function of Patents (2nd Edition Revised) by Nuno Pires de Carvalho...

To varying degrees, nations worldwide are at present struggling to meet their obligations under the World Trade Organization (WTO) Agreement on Trade Related Intellectual Property Rights (TRIPS).This agreement, which to a large extent supersedes all previous international conventions on intellectual property rights, promises to provide virtually global protection against fraud, piracy, and infringement for owners of patents, copyrights, trade marks, and trade secrets -- provided government officials everywhere implement its requirements. It is with the intent of facilitating such compliance -- focusing on patents -- that this extremely practical book has been written. With the authoritative stamp of a leading international functionary in the field -- formerly with the WTO and currently with the Secretariat of the World Intellectual Property Organization (WIPO) --it articulates with unmatched clarity the specific steps a government must take, in a wide variety of possible contexts, to ensure its patent-related obligations under TRIPS are met. The presentation is arranged in an article-by-article format, following the TRIPS Agreement itself as it relates to patents. It makes no attempt to discuss what the Agreement should be, but only what it is. Effective implementation and compliance is the author's sole concern. Among the complex questions the book answers in depth are the following: + How does the "no less favourable treatment" standard apply in specific situations? + Where is the line drawn between most-favoured-nation treatment and national treatment? + When does exhaustion occur? + How is the necessity test met? + What are the minimum and maximum conditions of patentability? + Under what circumstances does the precautionary principle enter the process? + How can traditional knowledge be protected? + Under what circumstances do considerations of public health arise? + To what extent do the protection of undisclosed test data and exclusive marketing rights relate to the patent system? The complexity of the TRIPS Agreement and its numerous links to areas that are outside intellectual property -- such as the environment and public health, human rights, and non-tariff barriers to trade -- make it very difficult to apprehend all the aspects and implications of the Agreement, let alone to convert all TRIPS obligations into national law. For these reasons and more, The TRIPS Regime of Patent Rights is a crucially important resource for lawyers and government officials everywhere charged with the implementation of TRIPS obligations. It provides bright guidance through a notoriously murky passage in current international relations.



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Item Specifications...


Studio: Kluwer Law International
Pages   544
Est. Packaging Dimensions:   Length: 9.61" Width: 6.61" Height: 1.26"
Weight:   2.25 lbs.
Binding  Hardcover
Release Date   Jan 24, 2005
Publisher   Kluwer Law International
ISBN  9041123172  
ISBN13  9789041123176  


Availability  0 units.


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Product Categories

1Books > Subjects > Law > General
2Books > Subjects > Law > Intellectual Property > General
3Books > Subjects > Law > Intellectual Property



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