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

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

By Matthew Kennedy
Cambridge University Press December 2018

Specifications

ISBN-13
9781316507896
Publisher
Cambridge University Press
Publication
December 2018
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Hardback

Details

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.

Table of Contents

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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