An International Law Perspective on the Protection of Human Rights in the TRIPS Agreement PDF Download
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Author: Ping Xiong
Publisher: Martinus Nijhoff Publishers
ISBN: 9004211977
Category : Law
Languages : en
Pages : 391
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Book Description
This book analyses the relationship between the TRIPS Agreement and the right to health and relevant human rights norms by using the tools of treaty interpretation of public international law.
Author: Ping Xiong
Publisher: Martinus Nijhoff Publishers
ISBN: 9004211977
Category : Law
Languages : en
Pages : 391
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Book Description
This book analyses the relationship between the TRIPS Agreement and the right to health and relevant human rights norms by using the tools of treaty interpretation of public international law.
Author: Ping Xiong
Publisher: Martinus Nijhoff Publishers
ISBN: 9004226591
Category : Law
Languages : en
Pages : 390
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Book Description
This book offers an analysis of the interpretation of the WTO TRIPS Agreement and its impact on the right to health. It furthers understanding of WTO jurisprudence and researches the topic in a broad framework of international law. It examines the extent to which the patent protections in the TRIPS Agreement are consistent with the right to health, and in particular with access to medicine. It helps to underpin an understanding of the relationship between human rights law and intellectual property law – specifically between the right to health and patent protection. It usefully analyses the relationship between TRIPS and the right to health and develops an understanding of interpretive techniques for use within WTO dispute settlement.
Author: Laurence R. Helfer
Publisher: Cambridge University Press
ISBN: 1139496913
Category : Law
Languages : en
Pages : 567
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Book Description
This book explores the interface between intellectual property and human rights law and policy. The relationship between these two fields has captured the attention of governments, policymakers, and activist communities in a diverse array of international and domestic political and judicial venues. These actors often raise human rights arguments as counterweights to the expansion of intellectual property in areas including freedom of expression, public health, education, privacy, agriculture, and the rights of indigenous peoples. At the same time, creators and owners of intellectual property are asserting a human rights justification for the expansion of legal protections. This book explores the legal, institutional, and political implications of these competing claims: by offering a framework for exploring the connections and divergences between these subjects; by identifying the pathways along which jurisprudence, policy, and political discourse are likely to evolve; and by serving as an educational resource for scholars, activists, and students.
Author: Rochelle Cooper Dreyfuss
Publisher: Oxford University Press
ISBN: 0198758456
Category : Law
Languages : en
Pages : 1025
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Book Description
A comprehensive overview of intellectual property law, this handbook will be a vital read for all invested in the field of IP law. Topics include the foundations of IP law; its emergence and development in various jurisdictions; its rules and principles; and current issues arising from the existence and operation of IP law in a political economy.
Author: Henning Grosse Ruse-Khan
Publisher:
ISBN: 9780191640421
Category : Intellectual property
Languages : en
Pages :
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Book Description
This volume examines intellectual property (IP) protection in the broader context of international law. Against the background of the debate about norm relations within and between different rule systems in international law, it construes a holistic view of international IP law as an integral part of the international legal system.
Author: Hans Morten Haugen
Publisher: BRILL
ISBN: 9004161848
Category : Political Science
Languages : en
Pages : 519
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Book Description
This volume analyses relationships between patent rights and human rights, focusing on the right to food. Whether the TRIPS Agreement and the International Covenant on Economic, Social and Cultural Rights actually conflict, is analyzed through different techniques of assessing treaty conflict.
Author: Carlos Correa
Publisher: Oxford University Press
ISBN: 0191017019
Category : Law
Languages : en
Pages : 660
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Book Description
The TRIPS Agreement is the most comprehensive and influential international treaty on intellectual property rights. It brings intellectual property rules into the framework of the World Trade Organization, obliging all WTO Member States to meet minimum standards of intellectual property protection and enforcement. This has required massive changes in some national laws, particularly in developing countries. This volume provides a detailed legal analysis of the provisions of the TRIPS Agreement, as well as elements to consider their economic implications in different legal and socio-economic contexts. This book provides an in depth analysis of the principles and of the substantive and enforcement provisions of the TRIPS Agreement, the most influential international treaty on intellectual property currently in force. It discusses the legal context in which the Agreement was negotiated, the objectives of their proponents and the nature of the obligations it created for the members of the World Trade Organization. In particular, it examines the minimum standards that must be implemented with regard to patents, trademarks, industrial designs, geographical indications, copyright and related rights, integrated circuits, trade-secrets and test data for pharmaceutical and agrochemical products. Trade Related Aspects of Intellectual Property Rights: A Commentary on the TRIPS Agreement elaborates on the interpretation of provisions contained in said Agreement, in the light of the customary principles for the interpretation of international law. The analysis -which is supported by a review of the relevant GATT and WTO jurisprudence- identifies the policy space left to such members to implement their obligations in accordance with their own legal systems and public policy objectives, including in respect of complex issues such as patentability criteria, compulsory licenses, exceptions and limitations to copyright, border measures, injunctive relief and the protection of test data under the discipline of unfair competition.
Author: Susan K. Sell
Publisher: Cambridge University Press
ISBN: 9780521525398
Category : Business & Economics
Languages : en
Pages : 244
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Book Description
Analysis of the power of multinational corporations in moulding international law on intellectual property rights.
Author: Mireille M. M. van Eechoud
Publisher: Kluwer Law International B.V.
ISBN: 9041120718
Category : Law
Languages : en
Pages : 306
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Book Description
Nobody denies that the traditional territorial approach to copyright and other intellectual property rights has come under pressure. Yet it persists. Faced with the need to determine the applicable law in cross-border cases, lawyers everywhere wrestle with the implications of the territorial nature of copyright and related rights. In this book Mireille van Eechoud clears the way to the formulation of conflict rules that reflect the purpose of copyright law- to protect creators and stimulate the production and use of information- without reverting to old-fashioned notions of territoriality. She shows how the applicable law can be determined for four distinct legal avenues of intellectual property law: Which exclusive rights exist in an intellectual creation and for how long; Who is considered to own such right; How can these rights be transferred; and What continues infringement of copyright and related rights. Mireille van Eechoud shows how, when each of these questions is approached in the light of the different allocation principles used in modern choice of law, a new clarity begins to emerge that promises in time to build a set of conflict rules well suited to the unprecedented copyright and related rights issues that we find so difficult to resolve today. Her in-depth analysis draws in the classis multilateral conventions and treaties, underlying policies, technological and economic developments, utilitarian grounds versus justice considerations, and issues of infringement in the digital environment. INFORMATION LAW SERIES 12.
Author: Simon Walker
Publisher: IUCN
ISBN: 2831706041
Category : Agreement on Trade-Related Aspects of Intellectual Property Rights
Languages : en
Pages : 75
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Book Description
This work addresses the environmental and developmental impacts of patent protection by focusing on the global agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). While the TRIPS agreement serves as an important step in harmonizing international intellectual property systems, the author contends that it currently fails to properly balance public and private interests, especially in the gap between rich and poor.
