An International Law Perspective On The Protection Of Human Rights In The Trips Agreement

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An International Law Perspective on the Protection of Human Rights in the TRIPS Agreement : An Interpretation of the TRIPS Agreement in Relation to the Right to Health

Law

Author - Ping Xiong
Publisher - Martinus Nijhoff Publishers
Pages - 368
ISBN - 9004211977


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Detail - 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.

Intellectual Property and International Trade : The TRIPs Agreement

Business & Economics

Author - Carlos María Correa, Abdulqawi Yusuf
Publisher -
Pages - 469
ISBN - 9789041107077


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Detail - The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), completed within the framework of the Uruguay Round of Multilateral Trade Negotiations, is the most far-reaching and comprehensive legal regime ever concluded at the multilateral level in the area of intellectual property rights. It supplements and modifies the earlier conventions governing intellectual property rights, which were periodically revised to promote the quasi-uniform regulation of industrial property and copyright in a gradual and incremental manner. Comprising chapters contributed by a distinguished panel of experts, Intellectual Property and International Trade offers a framework for understanding the background, principles, and complex provisions of the TRIPS Agreement. It highlights the context in which the TRIPS Agreement was elaborated and adopted and the way to interpret and apply it. The book also extensively analyses the new standards established under the TRIPS Agreement, particularly as compared to the rules contained in pre existing intellectual property conventions. Finally, it stimulates further discussion and analysis in this area of growing importance to international law and international economic relations, particularly regarding the possibilities offered by the TRIPS Agreement, the legislative latitude it leaves its Member States, and the loose ends that may need consideration in the future at the national or international level.

Research Handbook on Human Rights and Intellectual Property :

Law

Author - Christophe Geiger
Publisher - Edward Elgar Publishing
Pages - 752
ISBN - 1783472421


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Detail - Research Handbook on Human Rights and Intellectual Property is a comprehensive reference work on the intersection of human rights and intellectual property law. Resulting from a field-specific expertise of over 40 scholars and professionals of world re

The Right to Food and the Trips Agreement : With a Particular Emphasis on Developing Countries' Measures for Food Production and Distribution

Political Science

Author - Hans Morten Haugen
Publisher - BRILL
Pages - 506
ISBN - 9004161848


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Detail - 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.

Intellectual Property and Human Rights : A Paradox

Political Science

Author - F. W. Grosheide
Publisher - Edward Elgar Publishing
Pages - 328
ISBN - 1849802041


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Detail - . . . very refreshing. . . a valuable contribution to the debate. European Intellectual Property Review The collection of articles makes a valuable contribution to current debates on these critically important issues by providing a range of views on the human rights implications of intellectual property law and policy. Madhu Sahni, Journal of Intellectual Property Rights Gathering together essays by leading commentators, Professor Willem Grosheide s timely book offers an excellent overview of the many significant questions of social and legal policy that emerge at interface between intellectual property and human rights. . . Providing a range of views on the human rights implications of intellectual property law and policy, this collection makes a valuable contribution to current debates on these critically important issues. Graeme Austin, University of Arizona, US In the modern era where the rise of the knowledge economy is accompanied, if not facilitated, by an ever-expanding use of intellectual property rights, this timely book provides a much needed explanation to the relationship between intellectual property law and human rights law. The contributors promote the view that this relationship should be central to the analysis of many of the profound problems that nation states and the international community encounter today, be they scientific, technological or cultural. The book is divided into sections covering the law and its trends, IP rights as human rights and human rights as restrictions to IP rights. This stimulating book will appeal to academics, postgraduate students, national and international public authorities and those involved with international organizations in the fields of intellectual property law and human rights law.

The Protection of Intellectual Property in International Law :

Author - Henning Grosse Ruse-Kahn
Publisher -
Pages - 504
ISBN - 9780199663392


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Detail - This book 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. The first part sets out the theoretical foundation for such a holistic view by offering several methodological frameworks for the analysis of norm relations in international law. As a toolbox, these frameworks allow for different ways to conceptualize the linkages amongst international IP rules and those to other areas of international law. Part two then considers norm relations within the international IP system. It analyses the relationship of the two main IP conventions to the World Trade Organization (WTO) Agreement on Trade Related Aspects of International Property Rights (TRIPS), as well as the relationship between TRIPS and Free Trade Agreements (FTAs). The third part discusses alternative rule systems for the protection of IP in international law. The intellectual creations element of IP is captured by the concept of creator's rights in international human rights law; while the property aspect of IP is protected by international investment agreements and European human rights treaties. Part Four focuses on three core intersections between the international IP system and other areas of international law related to environmental, social and economic concerns. The areas examined concern international law on trade, biological diversity and climate change. As in part three, the perspective taken is that of the 'other' area and how it perceives its relations with international IP norms. In part five finally, the focus shifts back to the international IP system and the mechanisms it provides for taking into account the interests protected in other areas of international law.

China's Influence on Non-Trade Concerns in International Economic Law :

Law

Author - Paolo Davide Farah, Elena Cima
Publisher - Taylor & Francis
Pages - 548
ISBN - 1317167201


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Detail - This volume examines the range of Non-Trade Concerns (NTCs) that may conflict with international economic rules and proposes ways to protect them within international law and international economic law. Globalization without local concerns can endanger relevant issues such as good governance, human rights, right to water, right to food, social, economic, cultural and environmental rights, labor rights, access to knowledge, public health, social welfare, consumer interests and animal welfare, climate change, energy, environmental protection and sustainable development, product safety, food safety and security. Focusing on China, the book shows the current trends of Chinese law and policy towards international standards. The authors argue that China can play a leading role in this context: not only has China adopted several reforms and new regulations to address NTCs; but it has started to play a very relevant role in international negotiations on NTCs such as climate change, energy, and culture, among others. While China is still considered a developing country, in particular from the NTCs’ point of view, it promises to be a key actor in international law in general and, more specifically, in international economic law in this respect. This volume assesses, taking into consideration its special context, China’s behavior internally and externally to understand its role and influence in shaping NTCs in the context of international economic law.

Intellectual Property Rights in a Fair World Trade System : Proposals for Reform of Trips

Law

Author - Annette Kur
Publisher - Edward Elgar Publishing
Pages - 640
ISBN - 1849809585


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Detail - Intellectual Property law (IP) - particularly in relation to international trade regimes - is increasingly finding itself challenged by rapid developments in the technological and global economic landscapes. In its attempt to maintain a responsive legislative system that is interacting successfully with global trade rules, IP is having to respond to an increasing number of actors on an international level. This book examines the problems associated with this undertaking as well as suggesting possible revisions to the TRIPS agreement that would make it more relevant to the environment in which today's IP mechanisms are operating. The overall aim is to find an adequate response to the 'IP balance dilemma'. The theme is pursued throughout various topics, including a look at what this means in relation to economy in a country like China, and also considering how IP is increasingly having to reconcile itself with human rights issues.

Human Rights and Capitalism : A Multidisciplinary Perspective on Globalisation

Capitalism

Author - Janet Dine, A. Fagan
Publisher - Edward Elgar Publishing
Pages - 400
ISBN - 1845428838


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Detail - Human Rights and Capitalism brings together two important facets of the globalization debate and examines the complex relationship between human rights, property rights and capitalist economies. Human rights issues have become increasingly important in this debate and their place as harbingers of justice or as an instrument of oppression is fiercely contended. Both sides of this issue are considered in the contributions to this book and the complex relationships between human rights, human dignity and capitalist economies are the themes running throughout the work. Appearing at a time when these issues are a subject of extreme controversy, this book is distinguished by its balanced and academic approach.

Intellectual Property and International Trade : The TRIPs Agreement

Business & Economics

Author - Abdulqawi Yusuf
Publisher - Kluwer Law International
Pages - 499
ISBN - 9041124292


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Detail - Now into its second decade, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) continues to meet challenges raised by ongoing technological changes as it affirms an increasing degree of latitude to national authorities in its implementation. Important developments and controversies witnessed in the nine years since the first edition of this much-welcomed treatise include issues of public health, implications of the Agreement on the realization of human rights, and continuous debates on geographic indications and the appropriation of genetic resources. This second edition incorporates the analysis of key provisions of the Agreement resulting from dispute settlement procedures under WTO rules. As in the first edition, Intellectual Property and International Trade may be relied upon for in-depth clarification of such matters as the following: substantive standards established under the agreement; enforcement measures; legislative latitude allowed to Member States; protection of copyrights and related rights; protection of trademarks, geographical indications and industrial designs; patent protection and conditions and limitations of compulsory licences; protection of integrated circuit design; protection of confidential (undisclosed) information; and interface between competition law and intellectual property protection. Comprising 14 chapters contributed by a distinguished panel of experts representing diverse parties - international organisations, legal practice, government policy, and industry - Intellectual Property and International Trade offers a framework for understanding the background, principles, and complex provisions of the TRIPS Agreement. Throughout the book, the authors emphasize the implications of the Agreement for different groups of countries, especially for developing countries. Particular attention is given to the degree of autonomy left for Member States in the implementation of the various provisions of the Agreement in their domestic legislation. Thoroughly revised and updated, the second edition will be of great value to all professionals and business people concerned with international trade. It stimulates further discussion and analysis in this area of growing importance to international law and international economic relations, particularly regarding the possibilities offered by the Agreement and the loose ends that may need consideration in the future at the national or international level.

International Trade and Human Rights : Foundations and Conceptual Issues

Business & Economics

Author - Frederick M. Abbott, Christine Kaufmann, Thomas Cottier
Publisher - University of Michigan Press
Pages - 383
ISBN - 9780472115358


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Detail - The World Trade Forum 2001 on Trade and Human Rights addressed some of the most controversial and challenging issues in the ongoing public debate on globalization: the relationship between institutions and norms regulating global economic activity and institutions and norms promoting and protecting human rights. Presenting a selection of the papers discussed at the Forum, this volume focuses on a significant, developing area of international law certain to become increasingly important in the years to come, as both scholarship and jurisprudence continue to explore the boundaries of the intersection of the two fields. With a diverse array of contributors, International Trade and Human Rights addresses the relationship between human rights and international trade from a unique and important interdisciplinary perspective. The missing link between the international trade regime and human rights has become one of the key concerns of critics of the WTO. The World Trade Forum 2001 at the World Trade Institute in Berne provided a unique framework for considering the manifold issues relevant to this topic. This book goes beyond listing the different arguments in favor of or against globalization and offers recommendations to the international community for possible reforms so as to better account for the human rights interests affected by the process of globalization. Frederick M. Abbott is the Edward Ball Eminent Scholar Professor of International Law at Florida State University College of Law. He is the editor of China in the World Trading System: Defining the Principles of Engagement (1998) and author of The International Intellectual Property System: Commentary and Materials (with Thomas Cottier and Francis Gurry, 1999). Christine Breining-Kaufmann is Professor of Law at the University of Zurich and Senior Research Fellow as well as a member of the Board of the World Trade Institute in Berne. Her publications include Hunger als Rechtsproblem: Völkerrechtliche Aspekte eines Rechtes auf Nahrung (1991) and Globalization and Labour Rights: The Conflicting Relationship between Core Labour Rights and International Economic Institutions (2006). Thomas Cottier is Managing Director of the World Trade Institute and Professor of Law at the University of Berne. He has co-edited the previous four volumes of the World Trade Forum series.

The Role of the Judge in International Trade Regulation : Experience and Lessons for the WTO

Law

Author - Thomas Cottier, Petros Constantinos Mavroidis, Patrick Blatter
Publisher - University of Michigan Press
Pages - 376
ISBN - 9780472024995


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Detail - The WTO is generally seen as a key actor of globalization and, as such, has been the point of convergence of popular irritation worldwide. Many of the reproaches addressed to the WTO show civil societys concern with what is perceived as a democratic deficit in the way the organization operates. The main fear is to see trade rise as the ultimate value, prevailing over concerns such as health and environment. The Role of the Judge offers insight into how disputes are solved at the WTO level, into how the judicial branch interacts with the rest of the organization, and into the degree of sensitivity of the system to external input. The book sheds light on the judicial system governing the WTO and shows it to be the only truly multilateral system where disputes are solved by third-party adjudication. The book develops along three lines: the first a search for cases submitted to the WTO where the judge exceeded its authority; the second a comparison of the WTO with the operations of national judicial systems having different levels of integration, specifically the United States (federal level) and the EC (quasi-federal level); and the third an exploration of directions for the future of dispute settlement in the WTO. Reflecting the diversity of its contributors, this book addresses questions of economics, political science, and law, bringing an unusual level of multidisciplinarity to this topic and context. It is designed for both academic readers and practitioners, who will find it full of practical insights as well as rich and detailed analysis. Thomas Cottier is Professor of European and International Economic Law, University of Bern, and Managing Director, World Trade Institute, University of Bern. Petros C. Mavroidis is Professor of Law, University of Neuchâtel. He formerly worked in the Legal Affairs Division of the World Trade Organization. Patrick Blatter is Mavroidiss scientific collaborator.