Del 24 - Cambridge International Trade and Economic Law

WTO Dispute Settlement and the TRIPS Agreement

Applying Intellectual Property Standards in a Trade Law Framework

Häftad, Engelska, 2018

AvMatthew Kennedy

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The TRIPS Agreement was implemented in the WTO to gain access to a functioning dispute settlement mechanism that could authorize trade sanctions. Yet TRIPS and the WTO Dispute Settlement Understanding are based on systems that developed independently in WIPO and GATT. In this book, Matthew Kennedy exposes the challenges created by the integration and independence of TRIPS within the WTO by examining how this trade organization comes to grips with intellectual property disputes. He contrasts the way intellectual property disputes between governments have been handled before and after the establishment of the WTO. Based on practical experience, this book provides a comprehensive review of the issues that arise under the DSU, TRIPS, GATT 1994 and other WTO agreements in intellectual property matters. These range from procedural pitfalls to substantive treaty interpretation and conflicts as well as remedies, including cross-retaliation.

Produktinformation

Utgivningsdatum2018-12-20
Mått153 x 230 x 27 mm
Vikt500 g
FormatHäftad
SpråkEngelska
SerieCambridge International Trade and Economic Law
Antal sidor498
FörlagCambridge University Press
ISBN9781316507896

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'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