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Protection against Unfair Competition in the WTO TRIPS Agreement: The Scope and Prospects of Article 10bis of the Paris Convention for the Protection of Industrial Property

Protection against Unfair Competition in the WTO TRIPS Agreement: The Scope and Prospects of Article 10bis of the Paris Convention for the Protection of Industrial Property

Author: Christian Riffel
Publisher: Brill Nijhoff
ISBN: 9789004313484
Published In: June 2016
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 2,154.60

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In The Protection Against Unfair Competition in the WTO TRIPS Agreement, Christian Riffel offers an account of the potential which Article 10bis of the Paris Convention has for the world trading system.

In particular, the author explores what hard law obligations emerge and examines a possible application to unsettled issues, such as core labour standards and traditional knowledge.

Article 10bis embodies unfair competition law in a nutshell. The TRIPS Agreement incorporates this Article into the World Trade Organization, thus making unfair competition law a discipline of international trade law.

By providing an effective enforcement mechanism against unfair competition, the WTO upholds ‘honest practices’ in the course of trade, alleviating enforcement deficits in other areas of international law.

PART I INTRODUCTION

I DESCRIPTION OF THE PROBLEM

II INTERPRETATION OF WTO PROVISIONS

III COURSE OF THE LEGAL ANALYSIS

PART II ARTICLE 10BIS AND THE WTO

I ARTICLE 2.1 OF THE TRIPS AGREEMENT

II ARTICLE 10BIS(1) AND (2) OF THE PARIS CONVENTION (1967)

PART III ARTICLE 10BIS AND CORE LABOUR STANDARDS

I BREACH OF LAW AS AN ACT OF UNFAIR COMPETITION

II ENFORCEMENT OF CORE LABOUR STANDARDS BY ARTICLE 10BIS OF THE PARIS CONVENTION

III CONCLUSIONS

PART IV ARTICLE 10BIS AND TRADITIONAL KNOWLEDGE