The Trips Regime of Patent Rights, 3rd Edition

Author: Nuno Pires de Carvalho
Publisher: Kluwer Law International
ISBN: 9789041132185
Published In: March 2010
Format: Hardback , 824 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

Out of stock

Description
Contents

Details

The Trips Regime of Patent Rights articulates with unmatched clarity the specific steps that a government must take, in a wide variety of possible contexts, to ensure that 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. In this way, the author’s incisive analysis covers every issue arising in patent administrative and legal practice, including the following:

• disclosure of the origin of genetic resources in patent applications;

• detailed new commentary on trade secrets and test data under Article 39;

• linkage between patent protection and the marketing approval of pharmaceutical products;

• relationship with the Convention on Biological Diversity;

• interaction with the Paris Convention;

• public health considerations;

• alternate ways to transpose TRIPS obligations into national law;

• alternativeness of inventions as a condition of patentability; and

• standards of intellectual property protection as a bargaining chip in international trade.

The TRIPS Agreement has a direct impact on the daily lives of corporations, governments, and consumers. This book contains a very practical explanation of the meaning of the patent-related TRIPS provisions, how they should be reflected in national law, and how courts are expected to enforce them. For these reasons and more, the Third Edition of The TRIPS Regime of Patent Rights is a crucially important resource for lawyers seeking compliance and government officials charged with the implementation of TRIPS obligations.

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.