TRIPS plus 20 From Trade Rules to Market Principles 1st Edition by Hanns Ullrich, Reto M Hilty, Matthias Lamping, Josef Drexl ISBN 3662569124 978-3662569122

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Product details:

ISBN 10: 3662569124

ISBN 13:  978-3662569122

Author:  Hanns Ullrich,  Reto M. Hilty, Matthias Lamping, Josef Drexl 

 This book examines the impact and shortcomings of the TRIPS Agreement, which was signed in Marrakesh on 15 April 1994. Over the last 20 years, the framework conditions have changed fundamentally. New technologies have emerged, markets have expanded beyond national borders, some developing states have become global players, the terms of international competition have changed, and the intellectual property system faces increasing friction with public policies.
The contributions to this book inquire into whether the TRIPS Agreement should still be seen only as part of an international trade regulation, or whether it needs to be understood – or even reconceptualized – as a framework regulation for the international protection of intellectual property. The purpose, therefore, is not to define the terms of an outright revision of the TRIPS Agreement but rather to discuss the framework conditions for an interpretative evolution that could makethe Agreement better suited to the expectations and needs of today’s global economy.

Table of contents: 

1. The Origins and Structure of the TRIPS Agreement

2. The Concept of Trade-Relatedness of Intellectual Property Rights in Times of Post-TRIPS Bilateralism

3. The Political Foundations of TRIPS Revisited

4. From Minimum Standards to Maximum Rules

5. IP and Trade in a Post-TRIPS Environment

6. Ways Out of the Trap of Article 1(1) TRIPS

7. The Proportionality Principle in the TRIPS Agreement

8. The Commodification of Internet Intermediary Safe Harbors: Avoiding Premature Harmonization Around a Suboptimal Standard

9. Regulatory Innovation and the Institutional Design of the TRIPS Agreement

10. Intellectual Property Harmonization in the Name of Trade

11. Revisiting the Principle of Technological Neutrality in Patent Protection in the Age of 3D Printing Technology and Cloud Computing

12. Article 27(3)(b) TRIPS and Plant Variety Protection in Developing Countries

13. TRIPS and Climate Change in the International Economic Order

14. Establishing Conformity Between TRIPS and Human Rights: Hierarchy in International Law, Human Rights Obligations of the WTO and Extraterritorial State Obligations Under the International Covenant on Economic, Social and Cultural Rights

15. From Transfer of Technology to Innovation Through Access

16. TRIPS and Competition Rules: From Transfer of Technology to Innovation Policy

17. How Public Is the Public Domain? The Perpetual Protection of Inventions, Designs and Works by Trademarks

18. Dependent Patents Under Art. 31 TRIPS: Lessons from Copyright Law

19. The WTO/TRIPS Dispute Settlement Mechanism: Experiences and Perspectives

20. Merging ACTA into TRIPS: Does TRIPS-Based IP Enforcement Need Reform?

21. Towards a Balanced International Legal Framework for Criminal Enforcement of Intellectual Property Rights

22. TRIPS and Consumer Protection

23. TRIPS and Corporate Social Responsibility: Unethical Equals Unfair Business Practices?

24. Enhancing TRIPS: Trade Secrets and Reverse Engineering

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