WTO dispute settlement and the TRIPS agreement : applying intellectual property standards in a trade law framework
著者
書誌事項
WTO dispute settlement and the TRIPS agreement : applying intellectual property standards in a trade law framework
（Cambridge international trade and economic law）
Cambridge University Press, 2018
- : pbk
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注記
"First published 2016. First paperback edition 2018"--T.p. verso
Includes index
内容説明・目次
内容説明
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.
目次
- 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.
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