The Trips Regime Of Trademarks And Designs

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The TRIPS Regime of Trademarks and Designs

Nuno Pires de Carvalho
The TRIPS Regime of Trademarks and Designs Book PDF

Author : Nuno Pires de Carvalho
Publisher : Kluwer Law International B.V.
Page : 650 pages
File Size : 50,9 Mb
Release : 2018-12-20
Category : Law
ISBN : 9789041189257

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The TRIPS Regime of Trademarks and Designs by Nuno Pires de Carvalho Pdf

Recognized since its first edition as the preeminent work on its subject, this incomparable book thoroughly and expertly examines the intricacies of the provisions concerning trademarks and industrial designs enshrined in the Agreement on Trade-Related Aspects of Intellectual Property Rights (the TRIPS Agreement). It is organized as a paragraph-by-paragraph annotated text of the Agreement, with detailed commentary not only on the articles specifically dealing with industrial property but also on every clause in the agreement that could affect the protection of trademarks and/or designs. The fourth edition brings the author's prodigious analysis of case law, dispute settlements, ongoing scholarship and other pertinent developments fully up to date. With the authority and in-depth experience of a former long-time WIPO official with unparalleled knowledge of WTO Members' practices in implementing TRIPS provisions, Nuno Pires de Carvalho brings his practical insight and vast scholarship to such complex questions as the following: • What are signs that can constitute trademarks? Which elements assist in identifying a well-known mark? • What are the limitations on the protection of non visually perceptible marks like sounds, scents and tastes? • What lessons can we learn so far from the Dispute Settlement Mechanism? • What are WTO Members' obligations as regards marks that relate to goods and services that offend religious and moral values? Are they obliged to register and protect them? • How strict is the TRIPS Agreement as regards the use of industrial property in relation to public policies? Are private rights limitless? Are they enforceable no matter what? The recent worldwide phenomenon of measures involving the use of trademarks to pursue public health goals through plain packaging schemes is thoroughly analyzed and evaluated. Lawyers, judges, scholars and government officials will find a wealth of information and legal analysis in this new edition of that will help them identify new approaches and solutions to problems of trademark and design law posed by the implementation of the TRIPS Agreement. With its combination of practically focused article-by-article commentary and scholarly analysis and insight, this edition will be an invaluable resource to all those who wish to understand industrial property at a deeper level.

Trips Regime of Trademarks Designs 3Rd Edition Ebook

De Carvalho,Nuno Pires Carvalho
Trips Regime of Trademarks Designs 3Rd Edition Ebook Book PDF

Author : De Carvalho,Nuno Pires Carvalho
Publisher : Kluwer Law International
Page : 600 pages
File Size : 44,6 Mb
Release : 2014-08-14
Category : Electronic
ISBN : 9041150218

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Trips Regime of Trademarks Designs 3Rd Edition Ebook by De Carvalho,Nuno Pires Carvalho Pdf

The Agreement on Trade-Related Aspects of Intellectual Property Rights (the TRIPS Agreement), which constitutes Annex 1C of the Agreement Establishing the World Trade Organization (WTO), is undoubtedly the most comprehensive international agreement on intellectual property protection ever established. This incomparable book, recognized since its first edition as the preeminent work on its subject, thoroughly and expertly examines the intricacies of the TRIPS provisions concerning trademarks and industrial designs.

The TRIPS Regime of Trademarks and Designs

Anonim
The TRIPS Regime of Trademarks and Designs Book PDF

Author : Anonim
Publisher : Unknown
Page : 556 pages
File Size : 54,7 Mb
Release : 2006
Category : Electronic books
ISBN : 9041131086

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The TRIPS Regime of Trademarks and Designs by Anonim Pdf

The same author who wrote The TRIPS Regime of Patent Rights, a thorough commentary on the patent and test data-related provisions of the TRIPS Agreement that in just three years has become a classic work in its field (already in its second edition), offer.

Intellectual Property and International Trade: The TRIPS Agreement

Carlos M. Correa,Abdulqawi A. Yusuf
Intellectual Property and International Trade The TRIPS Agreement Book PDF

Author : Carlos M. Correa,Abdulqawi A. Yusuf
Publisher : Kluwer Law International B.V.
Page : 586 pages
File Size : 54,5 Mb
Release : 2016-06-27
Category : Law
ISBN : 9789041166586

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Intellectual Property and International Trade: The TRIPS Agreement by Carlos M. Correa,Abdulqawi A. Yusuf Pdf

The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is the most far-reaching and comprehensive legal regime ever concluded at the multilateral level in the area of intellectual property rights (IPR). Compared to prior IPR conventions, TRIPS constitutes a major qualitative leap which radically modifies not only the context in which IPR are considered internationally, but also their substantive content and the methods for their enforcement and dispute settlement. This much-welcomed treatise, now in its third edition, thoroughly updates its comprehensive analysis of the substantive provisions of the Agreement and their actual interpretation and application in different jurisdictions, with new material on the burgeoning case law and on major changes in plant variety protection. As in previous editions, the book may be relied upon for in-depth clarification of such matters as the following: • standards established under the agreement; • enforcement measures; • social and legal issues; • legal and policy possibilities offered; • legislative latitude allowed to WTO Member States; • incorporation of TRIPS into domestic law; • protection of integrated circuit design; • protection of innovation and R&D for diseases that disproportionately affect developing countries; • challenges raised by ongoing technological changes; • access to medicines; • protection of confidential (undisclosed) information; and • interface between competition law and intellectual property protection. With fifteen chapters contributed by a distinguished panel of experts representing diverse parties — international organisations, legal practice, government policy, and academia — the third edition offers an incomparable framework for understanding the background, principles, and complex provisions of the TRIPS Agreement. Thoroughly revised and updated, the third 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.

The TRIPS Regime of Antitrust and Undisclosed Information

Nuno Pires de Carvalho
The TRIPS Regime of Antitrust and Undisclosed Information Book PDF

Author : Nuno Pires de Carvalho
Publisher : Kluwer Law International B.V.
Page : 421 pages
File Size : 55,8 Mb
Release : 2008-01-09
Category : Law
ISBN : 9789041145024

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The TRIPS Regime of Antitrust and Undisclosed Information by Nuno Pires de Carvalho Pdf

In this brilliantly conceived and authoritative work the eminent intellectual property specialist Nuno Pires de Carvalho focuses on the mechanisms, obligations, and opportunities of trade secret protection under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). With the powerful knowledge base derived from his long experience both at the World Trade Organization (WTO) and the World Intellectual Property Organization (WIPO), he illuminates the crucial relationship of antitrust and industrial property, clearly demonstrating in contrast to much received wisdom the intrinsic pro-competitive nature of intellectual property and of industrial property in particular. Using an extraordinary wealth of practical detail, and offering hundreds of pointed hypothetical and actual examples, Pires de Carvalho dispels the murkiness around such essential concepts and provisions as the following: the inevitable interdependence of industrial property and antitrust law; abuses of patent rights and the vexed issue of patents and monopolies; the legal implications of international exhaustion under Article 6; the meaning of balance of rights and obligations under Article 7; divestiture and the fruits doctrine under Article 32; international cooperation in identifying antitrust violations in licensing agreements; protection of confidential information in court proceedings; protection of undisclosed test data against unfair commercial use under Article 39.3; and the WTO Dispute Settlement Mechanism in the context of undisclosed information. Of special value in this book is the author s far-reaching analysis of the controversial emerging field of test data protection in industrial property. The TRIPS Regime of Antitrust and Undisclosed Information provides a practical and insightful explanation of the meaning of the relevant TRIPS provisions, of how they should be reflected in national law and how courts are expected to enforce them. It combines an easy-to-follow article-by-article commentary on the TRIPS Agreement with a theoretical scholarly analysis that makes of it an invaluable resource to all those who wish to understand industrial property rights at a deeper level. Lawyers, judges, scholars and government officials will find an abundance of information and legal analysis here that will help them identify antitrust issues and solutions to problems of trade secrets posed by the implementation of the TRIPS Agreement.

The TRIPS Regime of Patents and Test Data

Nuno Pires de Carvalho
The TRIPS Regime of Patents and Test Data Book PDF

Author : Nuno Pires de Carvalho
Publisher : Kluwer Law International B.V.
Page : 800 pages
File Size : 44,6 Mb
Release : 2016-04-24
Category : Law
ISBN : 9789041189264

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The TRIPS Regime of Patents and Test Data by Nuno Pires de Carvalho Pdf

This preeminent work has proven the best practical commentary on the TRIPS agreement related to patents and test data. This fifth edition, in which the author has revised the whole text and updated various arguments, continues to articulate with unmatched clarity the specific steps that a government or a company must take, in a wide variety of possible contexts, to ensure that its patent-related obligations under TRIPS are met. The presentation is arranged in an article-by-article format, following the TRIPS Agreement itself as it relates to patents and test data. In this way, the author’s incisive analysis covers every issue likely to arise in today’s patent and test data administrative and legal practice, including the following: ·significance of the recent entry into force of Article 31bis; · developments in enforcement of patent rights in the context of competition law; · the potential effects of Brexit and the new protectionist inclination of US trade policy; · expanded commentary on trade secrets and test data under Article 39; · alternate ways to transpose TRIPS obligations into national law; and · standards of intellectual property protection as a bargaining chip in international trade. The TRIPS Agreement has a direct impact on the daily activities of corporations, governments, and consumers. This book contains a very practical explanation of the meaning of the patent-related TRIPS provisions, how they should be reflected in national law, and how courts are expected to enforce them. For these reasons and more, the Fifth Edition is a crucially important resource for patent and public health lawyers seeking compliance as well as for government officials charged with the implementation of TRIPS obligations.

Resource Book on TRIPS and Development

Unctad-ictsd
Resource Book on TRIPS and Development Book PDF

Author : Unctad-ictsd
Publisher : Unknown
Page : 829 pages
File Size : 40,7 Mb
Release : 2005
Category : Economic development
ISBN : 1139444972

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Resource Book on TRIPS and Development by Unctad-ictsd Pdf

NAture of obligations, principles and objectives; Substantive obligations; Intellectual property rights and competition; Enforcemente, maintenance and acquisition of rights; Interpretation and dispute settlement and prevention; Transitional and institutional arragements.

Intellectual Property Rights in the WTO and Developing Countries

Jayashree Watal
Intellectual Property Rights in the WTO and Developing Countries Book PDF

Author : Jayashree Watal
Publisher : Springer
Page : 536 pages
File Size : 51,7 Mb
Release : 2001-02-23
Category : Law
ISBN : UOM:39015050767592

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Intellectual Property Rights in the WTO and Developing Countries by Jayashree Watal Pdf

Although it is common knowledge that the compliance of developing countries with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) has become a serious stumbling block in the WTO agenda, the underlying reasons why this is so have not been dispassionately analyzed until the appearance of this book. Here, for the first time, is a thorough and secure foundation on which international trade lawyers and business people can build a global intellectual property regime that is both productive and fair. The implementation of the TRIPS regime with its enormous effect on national and global strategies for healthcare, agriculture, and the environment, among other crucial sectors of the world economy is clearly among the most critical projects currently under way in the field of international relations. As a former TRIPS negotiator for India, Jayashree Watal brings great authority to her account of the benefits and pitfalls of TRIPS compliance for developing countries. She provides a detailed understanding of how TRIPS was negotiated at the Uruguay Round, how various countries have implemented it so far, and how the WTO monitors compliance. She reveals how the WTO dispute settlement process has worked to date in matters involving TRIPS, and how it is likely to deal with new issues that arise. Most importantly, she explains how developing countries can interpret TRIPS to their best advantage, and how to ensure that the `constructive ambiguity' that characterizes the agreement remains flexible.

A Handbook on the WTO TRIPS Agreement

Antony Taubman,Hannu Wager,Jayashree Watal
A Handbook on the WTO TRIPS Agreement Book PDF

Author : Antony Taubman,Hannu Wager,Jayashree Watal
Publisher : Cambridge University Press
Page : 411 pages
File Size : 42,6 Mb
Release : 2012-04-26
Category : Law
ISBN : 9781107023161

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A Handbook on the WTO TRIPS Agreement by Antony Taubman,Hannu Wager,Jayashree Watal Pdf

This handbook provides a comprehensive and non-technical explanation of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), later legal instruments, current policy issues and the relationship between TRIPS and public health. It is aimed at an audience including government officials and policy-makers, non-governmental organizations, academics and students.

The WTO Agreement on Trade-Related Aspects of Intellectual Property Rights

Justin Malbon,Charles Lawson,Mark Davison
The WTO Agreement on Trade Related Aspects of Intellectual Property Rights Book PDF

Author : Justin Malbon,Charles Lawson,Mark Davison
Publisher : Edward Elgar Publishing
Page : 933 pages
File Size : 44,8 Mb
Release : 2014-01-31
Category : Law
ISBN : 9781781006047

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The WTO Agreement on Trade-Related Aspects of Intellectual Property Rights by Justin Malbon,Charles Lawson,Mark Davison Pdf

This Commentary on the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) provides a detailed textual analysis of TRIPS _ a pivotal international agreement on intellectual property rights. TRIPS sets minimum standards

Intellectual Property Overlaps

Estelle Derclaye,Matthias Leistner
Intellectual Property Overlaps Book PDF

Author : Estelle Derclaye,Matthias Leistner
Publisher : Bloomsbury Publishing
Page : 406 pages
File Size : 44,6 Mb
Release : 2011-05-11
Category : Law
ISBN : 9781847316516

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Intellectual Property Overlaps by Estelle Derclaye,Matthias Leistner Pdf

Intellectual property rights, conventionally seen as quite distinct, are increasingly overlapping with one another. There are several reasons for this: the expansion of IPRs beyond their traditional borders, the creation of new IPRs especially at EU level, the exploitation of gaps in the law by shrewd lawyers, and the use of unfair competition as an alternative when IPRs are either not available at all or expired. The convergence of several IPRs on the same subject-matter poses problems. As they are normally envisaged as water-tight categories, there are very few rules which cater for the sort of regime clash that any overlap of IPRs necessarily entails. This book's aim is to find appropriate rules to regulate overlaps and thereby avoid regime conflicts and undue unstructured expansion of IPRs. The book studies the practical consequences of each overlap at the international, European and national levels (where the laws of France, the UK and Germany are reviewed). It then analyses the reasons for the prohibition or authorisation of overlaps. This analysis enables the determination of criteria and principles that can be used to (re)map the overlaps to achieve appropriateness and legitimacy.

The TRIPS Regime of Patent Rights

Nuno Pires de Carvalho
The TRIPS Regime of Patent Rights Book PDF

Author : Nuno Pires de Carvalho
Publisher : Springer
Page : 346 pages
File Size : 45,6 Mb
Release : 2002-11
Category : Law
ISBN : UOM:39015056462123

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The TRIPS Regime of Patent Rights by Nuno Pires de Carvalho Pdf

To varying degrees, nations worldwide are at present struggling to meet their obligations under the World Trade Organization (WTO) Agreement on Trade Related Intellectual Property Rights (TRIPS).This agreement, which to a large extent supersedes all previous international conventions on intellectual property rights, promises to provide virtually global protection against fraud, piracy, and infringement for owners of patents, copyrights, trade marks, and trade secrets--provided government officials everywhere implement its requirements. It is with the intent of facilitating such compliance--focusing on patents--that this extremely practical book has been written. With the authoritative stamp of a leading international functionary in the field--formerly with the WTO and currently with the Secretariat of the World Intellectual Property Organization (WIPO)--it articulates with unmatched clarity the specific steps a government must take, in a wide variety of possible contexts, to ensure its patent-related obligations under TRIPS are met. The presentation is arranged in an article-by-article format, following the TRIPS Agreement itself as it relates to patents. It makes no attempt to discuss what the Agreement should be, but only what it is. Effective implementation and compliance is the author's sole concern. Among the complex questions the book answers in depth are the following: How does the 'no less favourable treatment' standard apply in specific situations? Where is the line drawn between most-favoured-nation treatment and national treatment? When does exhaustion occur? How is the necessity test met? The complexity of the TRIPS Agreement and its numerous links to areas that are outside intellectual property--such as the environment and public health, human rights, and non-tariff barriers to trade--make it very difficult to apprehend all the aspects and implications of the Agreement, let alone to convert all TRIPS obligations into national law. For these reasons and more, The TRIPS Regime of Patent Rights is a crucially important resource for lawyers and government officials everywhere charged with the implementation of TRIPS obligations. ' In conclusion this book can be strongly recommended for its clear exposition of the meaning of the various articles of the TRIPs Agreement and for the short and clear discussions it gives of the historical and economic background of patents and some of the controversial and topical issues concerned with public health and patents. ' David Rogers

Well-Known Trade Marks

Hiroko Onishi
Well Known Trade Marks Book PDF

Author : Hiroko Onishi
Publisher : Routledge
Page : 278 pages
File Size : 41,9 Mb
Release : 2015-06-26
Category : Law
ISBN : 9781136027925

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Well-Known Trade Marks by Hiroko Onishi Pdf

This book considers the effectiveness of well-known trade mark protection at an international level. It particularly considers EU trade mark law from Japanese perspectives, and provides a practical and critical overview of trade mark law in Japan, including the historical development of the law and the recent development on cases and policy. The book includes detailed coverage of the Japanese Unfair Competition Prevention Act, and contains the first systematic analysis of Japanese jurisprudence and legislative amendments of law in relation to well-known trade marks and unfair competition. The book goes on to comparatively analyse Japanese trade mark law alongside that of the European Community Trade Mark system. The book critically considers the difficulties in comprehensively defining a ‘well-known trade mark’ in the relevant international trade mark instruments. In breaking down the traditional definition of the ‘well-known trade mark’, the book works to address existing theoretical ambiguities in the application of trade mark law.

EU Trade Mark Law and Product Protection

Lavinia Brancusi
EU Trade Mark Law and Product Protection Book PDF

Author : Lavinia Brancusi
Publisher : Taylor & Francis
Page : 290 pages
File Size : 51,6 Mb
Release : 2023-07-13
Category : Law
ISBN : 9781000902921

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EU Trade Mark Law and Product Protection by Lavinia Brancusi Pdf

This book employs scholarly analysis to ground practical tools for applying the EU Trade Mark law (EUTM) functionality refusal grounds to address business needs when registering trade marks consisting of product characteristics. The study comprehensively examines the absolute grounds for a refusal of registration of functional signs under EUTM. It interprets the functionality refusal grounds through objective tests, focusing on the pro-competition rationale of denying trade mark exclusivity on product features that are technically or aesthetically important for competitors’ ability to trade in alternative products. The work takes a comparative approach looking at the US trade dress functionality doctrine, and a law and economics perspective on the role of trade marks and brands in the marketplace. It explores how competition rules related to market definition and the substitutability of products, as well as marketing and design findings related to branding and aesthetics, could be integrated into the legal assessment of EUTM functionality. The volume will be of interest to academics and researchers working in the areas of Intellectual Property Law, Trade Mark and Design Law, EU Law, Comparative Law, and Branding.

Public Health in International Investment Law and Arbitration

Valentina Vadi
Public Health in International Investment Law and Arbitration Book PDF

Author : Valentina Vadi
Publisher : Routledge
Page : 250 pages
File Size : 49,5 Mb
Release : 2013-03-05
Category : Business & Economics
ISBN : 9781136259296

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Public Health in International Investment Law and Arbitration by Valentina Vadi Pdf

Is a State free to adopt measures to protect the public health of its citizens? If so, what are the limits, if any, to such regulatory powers? This book addresses these questions by focusing on the clash between the regulatory autonomy of the state and international investment governance. As a wide variety of state regulations allegedly aimed at protecting public health may interfere with foreign investments, a tension exists between the public health policies of the host state and investment treaty provisions. Under most investment treaties, States have waived their sovereign immunity, and have agreed to give arbitrators a comprehensive jurisdiction over what are essentially regulatory disputes. Some scholars and practitioners have expressed concern regarding the magnitude of decision-making power allocated to investment treaty tribunals. This book contributes to the current understanding of international investment law and arbitration, addressing the fundamental question of whether public health has and/or should have any relevance in contemporary international investment law and policy. With a focus on the ‘clash of cultures’ between international investment law and public health, the author critically analyses the emerging case law of investment treaty arbitration and considers the theoretical interplay between public health and investor rights in international investment law. The book also explores the interplay between investment law and public health in practice, focusing on specific sectors such as pharmaceutical patents, tobacco regulation and environmental health. It then goes on to analyze the available means for promoting consideration of public health in international investment law and suggests new methods and approaches to better reconcile public health and investor rights.