This volume provides an assessment of the successes and failures of the exhaustion doctrine as it has been applied through recent judicial decisions in the United States and the European Union. Irene Calboli and Shubha Ghosh explore how evolving interpretations of the exhaustion doctrine affects the large trade in gray market products and other international trade issues.
This handbook describes the historical and legal background to the TRIPS Agreement, its role in the WTO and its institutional framework. Furthermore, it includes the legal texts of the TRIPS Agreement and the relevant provisions of the WIPO conventions referred to in it, as well as subsequent relevant WTO instruments and related non-WTO treaties.
The book is divided into three main parts. In the first part, the chapters look at “global linkages” in international intellectual property, the second part looks at regional linkages and explain the differences that exist between and within each region of the world and the third part looks at specific strategies to optimize intellectual property rules for development.
This edition is updated to reflect dispute-settlement panel reports, the Anti- Counterfeiting Trade Agreement (ACTA) and other developments. The text is split into three parts discussing and analyzing the TRIPS Agreement. Part 1 describes the development of the TRIPS Agreement, Part 2 is an exhaustive commentary on all 79 Articles of the Agreement, and Part 3 reproduces legislation, agreements and decisions that a practitioner might need to understand it.
The text provides researchers and practitioners of international intellectual property law with the necessary tools to understand the latest debates in this incredibly dynamic and complex field. The book contains both doctrinal analyses and groundbreaking theoretical research by many of the most recognized leading experts in the field.
Also available in print: K1401 G77 2016 LAW.
This book examines intellectual property (IP) protection in the broader context of international law. The first part sets out the theoretical foundation for such a holistic view by offering several methodological frameworks for the analysis of norm relations in international law. Part two then considers norm relations within the international IP system. The third part discusses alternative rule systems for the protection of IP in international law. Part Four focuses on three core intersections between the international IP system and other areas of international law related to environmental, social and economic concerns.