WTO Dispute Settlement and the TRIPS Agreement

Matthew Kennedy is a professor in the Faculty of Law at the University of International Business and Economics, Beijing. He was formerly a senior lawyer in the WTO Secretariat and Secretary of the WTO Council for TRIPS.

• Foreword Lars Anell; Foreword Thomas Cottier; 1. Introduction; 2. Achievement of objectives; 3. Procedural foundations; 4. Interpretation of TRIPS; 5. Relation of TRIPS to other WTO agreements; 6. Remedies; 7. Non-violation and situation complaints; 8. Conclusions; Appendix: case summaries.

'This excellent book by Prof. Kennedy offers a detailed analysis and critique of the WTO dispute settlement practice involving the TRIPS Agreement in order to examine how this trade organization comes to grips with IP disputes among governments and takes into account the particular focus of this comprehensive minimum standard agreement for the protection of private rights. … By clarifying the interface between trade law and IP law at each stage of WTO dispute settlement procedures, this innovative book will help to anticipate and resolve systemic legal problems resulting from the 'fragmentation' of international economic law and from the risks of extending a 'trade law approach' to the regulation and settlement of disputes in other areas of international law such as IP, investment, environment, and health law.' Ernst-Ulrich Petersmann, Journal of International Economic Law