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The World Trade Organization Knowledge Agreements, 2nd Edition

The World Trade Organization Knowledge Agreements, 2nd Edition

Author: Christopher Arup
Publisher: Cambridge University Press
ISBN: 9781107405967
Published In: July 2012
Format: Paperback
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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The WTO intellectual property and services agreements (TRIPs and GATS) form the global legal framework in which governments now regulate trade in knowledge. This second edition, first published in 2008, analyses the provisions of the agreements and examines closely the thirteen years of implementation and revision. Gathering together the interpretations placed on the agreements by the WTO dispute settlement bodies, it reports on the initiatives taken by the members both to liberalise trade in knowledge and to shape international business regulation. Drawing on this, Christopher Arup assesses the future of the WTO as a global law-making institution. Three expanded case studies (legal services, genetic codes/essential medicines, and on-line media) illustrate the impact of the agreements and highlight the challenges faced by the WTO in reconciling free trade with social regulation.

• Analysis of TRIPS and GATS dispute rulings gives reader clear explanation of provisions and decisions

• Evaluation of recent TRIPs and GATs negotiations illustrates legal impact through vital case studies

• Prognosis for WTO and global law shows how TRIPs and GATs fit within WTO and international law

Preface and Acknowledgements			page xi
List of WTO dispute rulings			xiii
List of international instruments			xvii
PART 1 GLOBALISATION, LAW AND THE WTO			1
1	Trade law as a global mediator		3
2	A global context		22
		Research	24
		Outlooks	25
		Convergence and divergence	28
		Legal pluralism	35
		International law making	42
		Interfaces	55
		Conclusions	58
3	The World Trade Organization		65
		The ethos of the WTO	67
		Agreement making	71
		The dispute settlement system	85
		The content of the norms	105
		Bilateral free trade agreements	129
		Scope for national regulation	131
		International regulation	135
		Competition regulation	143
		Conclusions	151
PART II SERVICES			163
4	The General Agreement on Trade in Services		165
		Emergence of the GATS	167
		Status and format of the agreement	171
		Uruguay Round listings	180
		The MFN norm	185
		The national treatment norm	188
		The market access norm	193
		The modes of supply	198
		Domestic regulation	206
		Financial services negotiations	212
		GATS and FTAs	216
		New Round negotiations 2000–2007	219
		Conclusions	226
5	The case of legal services		232
		Styles of services supply	234
		Locations for legal work	242
		National regulation	247
		Impact of the GATS	251
		Country practices	254
		New negotiations	264
		Professional standards	268
		Conclusions	276
PART III INTELLECTUAL PROPERTY			283
6	The Agreement on Trade-Related Intellectual Property Rights		285
		The Uruguay Round	286
		General provisions and basic principles	292
		Copyright and related rights	299
		Patents	304
		Other categories	307
		Enforcement provisions	315
		Special and differential treatment	317
		Dispute settlement	319
		National access regulation	323
		TRIPs and FTAs	336
		Conclusions	342
7	The case of genetic codes		348
		Coding food and medicines	350
		Intellectual property regulation	356
		The concept of invention	363
		Exceptions to patentability	371
		Exceptions to infringement	376
		Plant variety rights	378
		Protection for traditional knowledge	383
		Access to medicines	395
		Conclusions	409
PART IV CONVERGENCE			421
8	The case of communications media		423
		Media freedom and control	426
		Industry-specific regulation	432
		Impact of the GATS	434
		Intellectual property regulation	438
		Impact of TRIPs	451
		The WIPO internet treaties	453
		Competition regulation	459
		WTO competition re-regulation	475
		WTO competition and investment agenda	484
		Conclusions	499
Index			511

Christopher Arup
Monash University, Victoria

'This book shines a torch on two of the most important multilateral agreements sponsored by the World Trade Organisation, viz the General Agreement on Trade in Services (GATS) and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) which together regulate trade in knowledge. As well as analysing the provisions of these instruments, it provides an assessment of how they have worked in practice over the thirteen years during which they have been in existence. The assessment is aided by case studies on three important subjects - legal services, generic codes/essential medicine and on-line media. Arup adopts an approach which is as balanced as it is rigourous, making this a very valuable source of reference in this important field.' Commonwealth Lawyer's Association and Contributors