The TRIPS regime of patent rights
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書誌事項
The TRIPS regime of patent rights
Kluwer Law International , Sold and distributed in North, Central and South America by Aspen Publishers , Sold and distributed in all other coutries by Turpin Distribution Services, c2010
3rd ed
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"Wolters Kluwer Law & Business"
Includes index
内容説明・目次
内容説明
The Trips regime is one of the international IP agreements that IP lawyers work with every day. It is administered by the World Trade Organization (WTO) that sets down minimum standards for many forms of intellectual property regulation. Specifically, TRIPS contains requirements that nations' laws must meet for: copyright rights; geographical indications,; industrial designs; integrated circuit layout-designs; patents; monopolies for the developers of new plant varieties; trademarks; trade dress; and undisclosed or confidential information. TRIPS also specifies enforcement procedures, remedies, and dispute resolution procedures. After the publication of the 2nd edition, a number of relevant discussions on TRIPS patent provisions took place that warrant a renewed analysis. The most relevant ones: - The possible expansion of the scope of patentability to cover technical creations in the fields of pharmaceuticals and biotechnology has gained much visibility in a number of large developing countries as well as certain developed countries (genes and gene sequences, second medical uses, polymorphisms, salts).
The 2nd edition has looked at this topic, but an expansion (and update) of the text is necessary. - A renewed debate on patent linkageA" (linking approval of pharmaceutical products to the existence [or not] of patents in force) has gained strength in the last three years. - The context of the Doha Round, new developments have occurred as regards patents and access to genetic resources (particularly after 2007). - An extensive review of the trend of patent protection in Free Trade Agreements - Special attention will be dedicated to the possible use of flexibilities in implementing TRIPS patent obligations, a matter that is very controversial and that draws general attention under the framework of WIPOs development agenda. - A WTO Panel report in a dispute between the US and China is about to be released that makes new findings on the national treatment principle. Those findings may impact the interpretation of the Agreement in the different areas of IP. - Finally, a few lines will be written about the initiative towards a Patent Reform in the United States
目次
Foreword. Introduction. The primary function of patents: to inventions in a relatively accurate manner (as compared to trade secrets and public subsidies). Preamble. Part I: General Provisions and Basic Principles. Article 1. Nature and Scope of Obligations. Article 2. Intellectual Property Conventions. Article 3. National Treatment. Article 4. Most-Favoured-Nation Treatment. Article 5. Multilateral Agreements on Acquisition or Maintenance of Protection. Article 6. Exhaustion. Article 7. Objectives. Article 8. Principles Part II: Standards Concerning the Availability, Scope and Use of Intellectual Property Rights. Section 5: Patents. Article 27. Patentable Subject Matter. Article 28. Rights Conferred. Article 29. Conditions on Patent Applicants. Article 30. Exceptions to Rights Conferred. Article 31. Other Use Without Authorization of the Right Holder. Article 32. Revocation/Forfeiture. Article 33. Term of Protection. Article 34. Process Patents: Burden of Proof. Section 7: Protection of Undisclosed Information. Article 39. Part V: Dispute Prevention and Settlement. Article 64. Dispute Settlement. Part VI: Transitional Arrangements. Article 65. Transitional Arrangements. Article 66. Least-Developed Country Members. Article 70. Protection of Existing Subject Matter.
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