Download PDF by Antony Taubman: A Practical Guide to Working with TRIPS

By Antony Taubman

ISBN-10: 0199575207

ISBN-13: 9780199575206

This booklet is a concise and available advisor to the sensible workings of the journeys contract (Trade-Related facets of highbrow estate Rights) for policymakers and their felony advisers. The ebook deals a distinct insider's account of ways the foreign principles of IP functionality in perform inside of a broader criminal framework that comprises WTO legislations and dispute answer techniques. It clarifies how IP legislations and exchange legislation has to be handled in a coherent and sustainable demeanour, and gives useful counsel on find out how to learn public coverage goals into the formula and alertness of IP legislation and similar legislation, in the felony framework validated through journeys. The ebook is concise and transparent, and cuts during the textual muddle and complexity that afflicts policymaking and negotiation lower than the journeys regime.

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It means looking for bedrock principles and legal common ground amidst the tremendous diversity of views that TRIPS has aroused. TRIPS has had unprecedented impact on the IP laws of many nations, and the prospect of dispute settlement can magnify its influence—one conventional view is that ‘trade sanctions’ are what sets TRIPS apart from the century-old tradition of international IP law it grew out of. But TRIPS is not the oppressive monolith and rigid set of punitive standards that early critics feared it was; to some extent its true legal character and scope are still up for grabs, and is in the hands of practitioners of TRIPS law (some of whom are unaware that they are ‘TRIPS practitioners’).

Compliance with WTO standards is not like 14 What it Means to Work with TRIPS policing a parking lot, where an enforcement officer will issue a ticket and impose a penalty for non-compliance—or a speed camera that will routinely issue a penalty for any infringement. Non-compliance with TRIPS does not bring automatic penalties, and normally does not even yield a formal finding of non-compliance. The only way of reaching an official determination of non-compliance is if another country is concerned about IP protection to the extent that they are prepared to initiate a legal complaint and follow it right through to its conclusion.

Whatever formal legal construction is made of the treaty language of TRIPS, on many key issues there will inevitably be some informal feedback from national laws and the choices made at the domestic level. TRIPS is part of a complex body of international law, the law that governs relations between states. TRIPS defines standards that define what trading partners can legitimately expect of one another as to how IP is protected. ’ So domestic law and institutions—laws, regulations, IP offices, courts—give effect to the standards and principles of TRIPS; it is ultimately up to them to deliver on the objective that IP protection should produce public benefits and a balance of rights and obligations.

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A Practical Guide to Working with TRIPS by Antony Taubman


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