Intellectual Property: Trade, Competition, and Sustainable Development The World Trade Forum, Volume 3

Pirmais vāks
University of Michigan Press, 2003. gada 11. febr. - 558 lappuses
The incorporation of intellectual property protection into the WTO international trading system has been a milestone in international economic law and has added a new dimension to trade regulation — new rights and obligations and new challenges alike. The contributors, leading scholars and practitioners in the field, provide insights into the legal relationship of the TRIPs Agreement to the GATT 94 and the GATS. The book widens the debate with a thorough discussion on pending and unresolved relations of TRIPs, the WTO, UPOV, the Convention on Biodiversity and Farmers' Rights contained in the FAO International Undertaking, and efforts of the World Bank GCIAR system, including IPGRI. What will be the impact of TRIPs on ownership of plant genetic resources?
Largely a victory for OECD countries, the present state of intellectual property rights has important implications for developing countries. The incorporation of intellectual property rights into the WTO system will eventually change the relationship of trade, competition, and intellectual property. It will equally have to assist in providing equitable sharing of benefits in the use of plant genetic resources. All of these issues are essential for the revision of exclusions from patenting in TRIPs. This volume offers insights into how this difficult task could and should be approached in a balanced manner and will be essential reading for economists and trade and intellectual property lawyers interested in the subject. Moreover, the volume will be relevant to agricultural economists as it addresses complex problems in the interstices of trade, intellectual property, plant genetic resources, and sustainable development.
Thomas Cottier is Professor of European and International Economic Law, University of Bern, and Managing Director, World Trade Institute, University of Bern.
Petros C. Mavroidis is Professor of Law, University of Neuchâtel. He formerly worked in the Legal Affairs Division of the World Trade Organization.
Marion Panizzon is Research Fellow, University of Bern.
Simon Lacey is Research Fellow, University of Bern.

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Saturs

The Triangle of TRIPS GATT and GATS
53
Comments on the Paper Presented by ErnstUlrich Petersmann
85
Implementing
101
Conflict
115
Comments on the Papers Presented by Adrian Otten
141
Where Should WTO Law Go on the Exhaustion
231
A Short Note on Competition Rules in the WTO
267
Intellectual Property Genetic Engineering
283
Comments on the Papers Presented by Anil K Gupta
421
Major Legal Regimes Affecting Plant Genetic Resources
441
The Concept of Farmers Rights the Role of FAO and
455
Incentives to Bring about Conservation and Sustainable
481
Some Thoughts on Managing the Interface
505
Comments on the Papers Presented by Geoffrey Hawtin
511
What Is the Future Role for the CBD in the Preservation
515
Roundtable Discussion on Part III
525

Which Rules in World Trade Law Patents or Plant
303
Patenting of Life Forms The European Experience
341
Elements for the Protection of Farmers Plant Varieties
359
Conserving Biodiversity and Rewarding Associated
373
Conclusions
539
The Legal Texts
547
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