WTO Dispute Settlement and the TRIPS Agreement
Applying Intellectual Property Standards in a Trade Law Framework

Matthew Kennedy exposes the challenges created by the integration and independence of TRIPS within the WTO.

Matthew Kennedy (Author)

9781316507896, Cambridge University Press

Paperback / softback, published 20 December 2018

497 pages, 11 b/w illus.
23 x 15.3 x 2.7 cm, 0.5 kg

'Kennedy's book is an excellent guide to navigating [the trade law] lexicon in the context of TRIPS … IP professionals who want to gain a better grasp of the complexity that undergirds TRIPS within the context of trade law will be well-advised to add Kennedy's book to their library.' Neil Wilkof, IPKat blog (www.ipkat.com/)

The TRIPS Agreement was implemented in the WTO to gain access to a functioning dispute settlement mechanism that could authorize trade sanctions. Yet TRIPS and the WTO Dispute Settlement Understanding are based on systems that developed independently in WIPO and GATT. In this book, Matthew Kennedy exposes the challenges created by the integration and independence of TRIPS within the WTO by examining how this trade organization comes to grips with intellectual property disputes. He contrasts the way intellectual property disputes between governments have been handled before and after the establishment of the WTO. Based on practical experience, this book provides a comprehensive review of the issues that arise under the DSU, TRIPS, GATT 1994 and other WTO agreements in intellectual property matters. These range from procedural pitfalls to substantive treaty interpretation and conflicts as well as remedies, including cross-retaliation.

Foreword Lars Anell
Foreword Thomas Cottier
1. Introduction
2. Achievement of objectives
3. Procedural foundations
4. Interpretation of TRIPS
5. Relation of TRIPS to other WTO agreements
6. Remedies
7. Non-violation and situation complaints
8. Conclusions
Appendix: case summaries.

Subject Areas: Intellectual property law [LNR], International organisations & institutions [LBBU], International economic & trade law [LBBM], Law [L]