Abstract
The agreement that resulted from the trade-related aspects of intellectual property rights (TRIPS) raises an array of complex questions and its implications for development, trade, and competition. This article outlines certain significant developments under TRIPS Agreement since its entry into force in 1995. It examines two areas in which the TRIPS Agreement underwent developments: disputes arising under the TRIPS Agreement that have proceeded to formal adjudication in the World Trade Organization (WTO), and negotiation among WTO Members regarding access to medicines and public health under the TRIPS Agreement. This article explores some of the issues under the TRIPS Agreement that are yet to be resolved: exhaustion, anticompetitive practices, and geographical indications. It addresses a number of areas in which TRIPS-related issues expand beyond the boundaries of the WTO and considers how these forces are changing international intellectual property law.
Original language | English |
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Title of host publication | The Oxford Handbook of International Trade Law |
Editors | Daniel Bethlehem, Isabelle Van Damme, Donald McRae, Rodney Neufeld |
Publisher | Oxford University Press |
Pages | 186-208 |
Number of pages | 23 |
ISBN (Electronic) | 9780191743764 |
ISBN (Print) | 9780199231928 |
DOIs | |
Publication status | Published - 18 Sept 2012 |
Externally published | Yes |
Keywords
- Geographical indications
- Intellectual property rights
- Public health
- TRIPS agreement