Resource Book on TRIPS and Development

It is a guide to the WTO's Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).

9780521850445, Cambridge University Press

Hardback, published 7 April 2005

846 pages, 1 b/w illus. 2 tables
24.2 x 15.4 x 4.7 cm, 1.279 kg

'… a collaborative endeavour by an impressive array of scholars. … In terms of its coverage and structure, the Resource Book is a major achievement … this is an excellent reference book. It contains a wealth of information and detailed analysis that will appeal to scholars of international intellectual property law and to the wider policy community.' European Intellectual Property Review

The Resource Book, conceived as a practical guide to the TRIPS Agreement, provides detailed analysis of each of its provisions, aiming at a sound understanding of WTO Members' rights and obligations. The purpose is to clarify the implications of the Agreement especially highlighting the areas in which the treaty leaves leeway to Members for the pursuit of their own policy objectives, according to their respective levels of development. In doing so, the book does not produce tailor-made prescriptions but gives guidance on the implications of specific issues and on the options available. The book is not limited to the analysis of the TRIPS Agreement but to the consideration of related questions and developments at the national, regional, and international level.

Part I. Nature of Obligations, Principles, and Objectives: 1. Preamble
2. Nature and scope of obligations
3. Categories of intellectual property embraced by TRIPS
4. Basic principles
5. Exhaustion
6. Objectives and principles
Part II. Substantive Obligations: 7. Copyright works
8. Copyright: computer programs
9. Copyright: databases
10. Copyright: the rental right
11. Copyright: term of protection
12. Copyright: limitations and exceptions
13. Copyright: related rights
14. Trademarks
15. Geographical indications
16. Industrial designs
17. Patents: subject matter and patentability requirements
18. Patents: non-discrimination
19. Patents: ordre public and morality
20. Patents: therapeutic, surgical and diagnostic methods
21. Patents: biotechnological inventions: genetic resources, plant variety protection, traditional knowledge
22. Patents: rights conferred
23. Patents: exceptions to rights conferred
24. Patents: disclosure obligations
25. Patents: non-voluntary uses (compulsory licenses)
26. Patents: process patents: burden of proof
27. Integrated circuits
28. Undisclosed information
Part III. Intellectual Property Rights and Competition: 29. Competition
Part IV. Enforcement, Maintenance, and Acquisition of Rights: 30. Enforcement
Part V. Interpretation and Dispute Settlement and Prevention: 31. Transparency
32. Dispute settlement
Part VI. Transitional and Institutional Arrangements: 33. Transitional periods
34. International and technological cooperation and transfer of technology
35. Council for TRIPS
36. Transitional provisions
37. Review and amendment
38. Reservations
39. Security exceptions.

Subject Areas: Intellectual property law [LNR], International economic & trade law [LBBM]