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

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

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

Author: Matthew Kennedy
Publisher: Cambridge University Press
ISBN: 9781316507896

Published In: December 2018
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781107144682

List Price: RM322.92

RM313.23 Save RM9.69 (3%)

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Description
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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 Thomas Cottier

Foreword Lars Anell

1. Introduction

2. Achievement of objectives

3. Procedural foundations

4. Interpretation of TRIPS

5. Relation to other WTO agreements

6. Remedies

7. Non-violation and situation complaints

8. Conclusions

Appendix: case summaries.

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