By Antony Taubman
This e-book is a concise and obtainable consultant to the sensible workings of the journeys contract (Trade-Related elements of highbrow estate Rights) for policymakers and their criminal advisers. The publication bargains a different insider's account of the way the foreign ideas of IP functionality in perform inside a broader felony framework that involves WTO legislations and dispute answer approaches. It clarifies how IP legislations and exchange legislation has to be handled in a coherent and sustainable demeanour, and offers sensible counsel on tips to learn public coverage goals into the formula and alertness of IP legislation and comparable legislation, in the felony framework verified by way of journeys. The ebook is concise and transparent, and cuts throughout the textual muddle and complexity that afflicts policymaking and negotiation below the journeys regime.
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Extra resources for A Practical Guide to Working with TRIPS
35 These three developments resulted from negotiating dynamics. None was inevitable at the time the negotiations started, but they have since solidified into firm, positive features of the international legal landscape. This transformation radically changed the international face of IP law. And it redefined how governments managed their trade relations in the steadily more sensitive and controversial realm of the knowledge economy. What Aspects of Intellectual Property Rights are ‘Trade-Related’?
Putting it another way, if, as TRIPS says, IP protection should produce ‘social and economic welfare’ and ‘a balance of rights and obligations’, then to find the answer of how this can be delivered, one cannot delve endlessly into the text of TRIPS itself—one has to look at the operation of national IP laws, and how they are exercised and administered. Therefore, the most compelling form of ‘interpreting’ TRIPS is to pass and administer laws that Intellectual Property and Trade Law 17 are formally compliant with TRIPS but also illustrate clearly how its general principles and standards can be brought into practice, and how the expected balance of interests and welfare outcomes can be delivered in the real world.
Delivering on the intended public welfare benefits of TRIPS therefore occurs most immediately at the level of national law. This means that the balance of rights and obligations that TRIPS calls for can ultimately only be attained through the grant, administration, and enforcement of IP at the national level. In the most general terms, to interpret TRIPS means clarifying in practice the very general rules about what kind of material should be protected as IP; rules about what kinds of limitations and exceptions to protection are legitimate; and rules about how IP should be administered and enforced.