The Resource Book, conceived as a practical guide to the TRIPS Agreement, provides detailed analysis of each of its provisions, aiming at a sound understanding of WTO Members' rights and obligations. The purpose is to clarify the implications of the Agreement especially highlighting the areas in which the treaty leaves leeway to Members for the pursuit of their own policy objectives, according to their respective levels of development. In doing so, the book does not produce tailor-made prescriptions but gives guidance on the implications of specific issues and on the options available. The book is not limited to the analysis of the TRIPS Agreement but to the consideration of related questions and developments at the national, regional, and international level.
• Special focus on development implications of IPRs, facilitating the formulation of sustainable and forward-looking IPRs policies • Practical guide to every provision of the WTO-TRIPS Agreement, in particular with respect to negotiating history and possible interpretations • Overview of recent trends in IPR rule making on the regional and bilateral level ('TRIPS-plus')
Part I. Nature of Obligations, Principles, and Objectives: 1. Preamble; 2. Nature and scope of obligations; 3. Categories of intellectual property embraced by TRIPS; 4. Basic principles; 5. Exhaustion; 6. Objectives and principles; Part II. Substantive Obligations: 7. Copyright works; 8. Copyright: computer programs; 9. Copyright: databases; 10. Copyright: the rental right; 11. Copyright: term of protection; 12. Copyright: limitations and exceptions; 13. Copyright: related rights; 14. Trademarks; 15. Geographical indications; 16. Industrial designs; 17. Patents: subject matter and patentability requirements; 18. Patents: non-discrimination; 19. Patents: ordre public and morality; 20. Patents: therapeutic, surgical and diagnostic methods; 21. Patents: biotechnological inventions: genetic resources, plant variety protection, traditional knowledge; 22. Patents: rights conferred; 23. Patents: exceptions to rights conferred; 24. Patents: disclosure obligations; 25. Patents: non-voluntary uses (compulsory licenses); 26. Patents: process patents: burden of proof; 27. Integrated circuits; 28. Undisclosed information; Part III. Intellectual Property Rights and Competition: 29. Competition; Part IV. Enforcement, Maintenance, and Acquisition of Rights: 30. Enforcement; Part V. Interpretation and Dispute Settlement and Prevention: 31. Transparency; 32. Dispute settlement; Part VI. Transitional and Institutional Arrangements: 33. Transitional periods; 34. International and technological cooperation and transfer of technology; 35. Council for TRIPS; 36. Transitional provisions; 37. Review and amendment; 38. Reservations; 39. Security exceptions.
'… a collaborative endeavour by an impressive array of scholars. … In terms of its coverage and structure, the Resource Book is a major achievement … this is an excellent reference book. It contains a wealth of information and detailed analysis that will appeal to scholars of international intellectual property law and to the wider policy community.' European Intellectual Property Review