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The TRIPS Regime of Trademarks and Designs, Fourth Edition by DE CARVALHO

The TRIPS Regime of Trademarks and Designs, Fourth Edition



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The TRIPS Regime of Trademarks and Designs in this fourth edition brings the author’s prodigious analysis of case law, dispute settlements, ongoing scholarship and other pertinent developments fully up to date. Recognized since its first edition as the preeminent work on its subject, this incomparable book thoroughly and expertly examines the intricacies of the provisions concerning trademarks and industrial designs enshrined in the Agreement on Trade-Related Aspects of Intellectual Property Rights (the TRIPS Agreement). It is organized as a paragraph-by-paragraph annotated text of the Agreement, with detailed commentary not only on the articles specifically dealing with industrial property but also on every clause in the agreement that could affect the protection of trademarks and/or designs.

What’s in this book:

With the authority and in-depth experience of a former long-time WIPO official with unparalleled knowledge and discussion of WTO Members’ practices in implementing TRIPS provisions, Nuno Pires de Carvalho brings his practical insight and vast scholarship to such complex questions as the following:

  • What are signs that can constitute trademarks? Which elements assist in identifying a well-known mark?
  • What are the limitations on the protection of nonvisually perceptible marks such as sounds, scents and tastes?
  • What lessons can we learn so far from the Dispute Settlement Mechanism?
  • What are WTO Members’ obligations as regards marks that relate to goods and services that offend religious and moral values? Are they obliged to register and protect them?
  • How strict is the TRIPS Agreement as regards the use of industrial property in relation to public policies? Are private rights limitless? Are they enforceable no matter what?

The recent worldwide phenomenon of measures involving the use of trademarks to pursue public health goals through plain packaging schemes is thoroughly analyzed and evaluated.

How this will help you:

Lawyers, judges, scholars and government officials will find a wealth of information and legal analysis in this new edition, which will help them in identifying new approaches and solutions to problems of trademark and design law posed by the implementation of the TRIPS Agreement. With its combination of practically focused article-by-article commentary and scholarly analysis and insight, this edition will be an invaluable resource to all those who wish to understand industrial property at a deeper level.



Pages 648
Publish Date 12/24/2018
Publish Frequency As Needed
Product Line Kluwer Law International
ISBN 9789041188700
SKU 10058766-0002
Table of Contents

Preface To The Third Edition

Preface To The Fourth Edition

Introductory Note

Preamble Agreement on Trade-Related Aspects of Intellectual Property Rights

General Provisions and Basic Principles

Article 1 Nature and scope of obligations

Article 2 Intellectual Property Conventions

Article 3 National Treatment

Article 4 Most-Favoured-Nation Treatment

Article 5 Multilateral Agreements on Acquisition or Maintenance of Protection

Article 6 Exhaustion

Article 7 Objectives

Article 8 Principles

Standards Concerning the Availability, Scope and Use of Intellectual Property Rights

Section 2 Trademarks

Article 15 Protectable Subject Matter

Article 16 Rights Conferred

Article 17 Exceptions

Article 18 Term of Protection

Article 19 Requirement of Use

Article 20 Other Requirements

Article 21 Licensing and Assignment

Section 3 Geographical Indications

Article 22 Protection of Geographical Indications

Article 23 Additional Protection for Geographical Indications for Wines and Spirits

Article 24 International Negotiations; Exceptions

Section 4 Industrial Designs

Article 25 Requirements for Protection

Article 26 Protection

Section 8 Control of Anti-Competitive Practices in Contractual Licences

Article 40

Acquisition and Maintenance of Intellectual Property Rights and Related Inter-Partes Procedures

Article 62

Dispute Prevention and Settlement

Article 64 Dispute Settlement

Transitional Arrangements

Article 65 Transitional Arrangements

Article 66 Least Developed Country Members

Article 70 Protection of Existing Subject Matter



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