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The TRIPS Regime of Patents and Test Data, 5th Edition

The TRIPS Regime of Patents and Test Data, 5th Edition

Author: Nuno Pires de Carvalho
Publisher: Kluwer Law International
ISBN: 9789041188717
Published In: December 2017
Format: Hardback , 800 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details
The TRIPS Regime of Patents and Test Data provides the best practical commentary on the TRIPS Agreement related to patents and test data. This fifth edition, in which the author has revised the entire text and updated various arguments, continues to articulate with unmatched clarity the specific steps that a government or a company must take, in a wide variety of possible contexts, to ensure that its patent-related obligations under TRIPS are met. This book is presented in an article-by-article format, following the TRIPS Agreement itself as it relates to patents and test data. In this way, the author’s incisive analysis covers every issue likely to arise in today’s patent and test data administrative and legal practice.

What’s in this book:

This pre-eminent work covers areas such as the following:
- the significance of the recent entry into force of Article 31bis;
- recent developments in the enforcement of patent rights in the context of competition law;
- the potential effects of Brexit and the new protectionist inclination of US trade policy;
- expanded commentary on trade secrets and test data under Article 39;
- alternate ways (the so-called flexibilities) to transpose TRIPS obligations into national law; and
- the use of standards of intellectual property protection as a bargaining chip in international trade and their impact on public policies.
How this will help you:

This book contains a practical explanation of the patent-related TRIPS provisions, how they should be reflected in national law, and how courts are expected to enforce them. As the TRIPS Agreement has a direct impact on the daily activities of corporations, governments, and consumers, this book serves as a handbook for practitioners to understand the multilateral scenario concerning the protection of inventions and test data, with a natural repercussion on national legal regimes. For these reasons and more, this fifth edition is a crucially important resource for patent and public health lawyers seeking compliance as well as for government officials charged with the implementation of TRIPS obligations.
Preface to the Fifth Edition

Introductory Note: The TRIPS Agreement Twenty Years After

Preamble Agreement on Trade-Related Aspects of Intellectual Property Rights

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

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 31 bis

Annex to the TRIPS Agreement

Appendix to the Annex to the TRIPS Agreement

Article 32 Revocation/Forfeiture

Article 33 Term of Protection

Article 34 Process Patents: Burden of Proof

Article 39

Article 40

PART IV
Acquisition and Maintenance of Intellectual Property Rights and Related Inter Partes Procedures

Article 62

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

Annex

Index