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IP law in a global perspective

IP law in a global perspective. An overview of TRIPS. WTO web page. Specific TRIPS issues. Structure. TRIPS Agreement consist of seven parts, but the three main features of TRIPS are; (1) Standards; (2) Enforcement; and (3) Dispute settlement. TRIPS part of the WTO Agreement.

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IP law in a global perspective

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  1. IP law in a global perspective An overview of TRIPS

  2. WTO web page • Specific TRIPS issues

  3. Structure • TRIPS Agreement consist of seven parts, but the three main features of TRIPS are; • (1) Standards; • (2) Enforcement; and • (3) Dispute settlement.

  4. TRIPS part of the WTO Agreement • Annex 1C of the Marrakesh Agreement • Decision-making (Article IX WTO Agreement (consensus)) • Amendment (Article X WTO Agreement) • TRIPS Council (Article IV WTO Agreement) • DSU

  5. Preamble • ’trade related’ • General goals • ’effective’ and ’adequate’ protection • ’maximum flexibility’ • Recognizes the special needs of least-developed countries • ’mutually supportive relationships’

  6. Part I, General Provisions and Basic Principles • Articles 1-8

  7. Article 1 • Nature and scope of obligations • ’give effect’ (pacta sunt servanda) • States determine implementing measures • The term ’intellectual property’

  8. Article 2 • Relationship with earlier IP conventions

  9. Articles 3-5 • Non-discrimination provisions • National treatment • Most Favoured Nation treatment

  10. Article 6 • Exhaustion of rights • National, regional and international exhaustion doctrines • Para. 5 of Doha Declaration… recognize that these flexibilities include… that members are free to establish its own regime of exhaustion.

  11. Article 7 • Objectives

  12. Article 8 • Principles

  13. Part II, Substantive standards of protection • 8 Sections, Articles 9-40

  14. Part III, Enforcement • 5 Sections, Articles 41-61

  15. Part IV, Acquisition and maintenance • Article 62

  16. Part V, Dispute Prevention and Settlement • Articles 63-64 • Prevention=transparency • DSU • (see Handbook, p. 167-175)

  17. Part VI, Transitional Arrangements • Articles 65-67

  18. Part VII, Institutional Arrangements; Final Provisions • Articles 68-73

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