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WTO Dispute Settlement and the TRIPS Agreement
Applying Intellectual Property Standards in a Trade Law Framework

£79.99

Part of Cambridge International Trade and Economic Law

  • Author: Matthew Kennedy, University of International Business and Economics, Beijing
Lars Anell, Thomas Cottier
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  • Date Published: May 2016
  • availability: Available
  • format: Hardback
  • isbn: 9781107144682

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About the Authors
  • 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.

    • Explains the role of trade law in intellectual property matters to show how different WTO agreements apply and where conflicts can arise
    • Takes a unique systemic approach to explain TRIPS from the perspective of dispute settlement
    • Considers the wider implications of TRIPS for those proposing WTO agreements on new issues
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    Reviews & endorsements

    'Kennedy's book is an excellent guide to navigating [trade law] lexicon in the context of TRIPS … IP professionals who want to gain a better grasp of the complexity that undergirds TRIPS within the context of trade law will be well-advised to add Kennedy's book to their library.' Neil Wilkof, IPKat blog (www.ipkat.com/)

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    Product details

    • Date Published: May 2016
    • format: Hardback
    • isbn: 9781107144682
    • length: 498 pages
    • dimensions: 229 x 152 x 27 mm
    • weight: 0.83kg
    • contains: 11 b/w illus.
    • availability: Available
  • Table of Contents

    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.

  • Author

    Matthew Kennedy, University of International Business and Economics, Beijing
    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.

    Contributors

    Lars Anell, Thomas Cottier

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