The TRIPS Regime of Trademarks and Designs - Third Edition
The third edition brings the author’s prodigious analysis of case law, dispute settlements, ongoing scholarship, and other pertinent developments fully up to date. With the authority and in-depth experience of a WIPO official whose daily work is to assist developing countries implementing TRIPS obligations in the area of industrial property, Nuno Pires de Carvalho brings his practical insight and vast scholarship to such complex questions as the following:
- What is intellectual property about? What do trademarks and designs have in common with copyrights, patents and trade secrets?
- How does the TRIPS Agreement interact with the Paris Convention? Should one treaty prevail over the other in case of conflict?
- What is the real meaning of Articles 7 and 8 of the TRIPS Agreement? How should WTO Members ensure the balance of rights and obligations? What is the relation between measures to protect public health and nutrition and non-violation complaints? What is the difference between necessary and unnecessary measures? And what distinguishes necessary measures from justifiable encumbrances?
- What signs constitute trademarks? What is the fundamental obligation under TRIPS as regards trademarks: to register or to protect? Are these terms synonymous?
- What elements assist in identifying a well-known mark? Does knowledge mean reputation?
- What are the limitations on the protection of non-visually perceptible marks like sounds, scents and tastes? Is there a Human Rights dimension in the protection of those non-traditional signs?
- 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?
- What is the policy space left to WTO Members as regards trademarks and public health (medicines, tobacco, nutrition)? How far can WTO Members go in imposing plain tobacco package schemes?
- What are the mechanisms available to protect industrial designs? To what exceptions and limitations are they subject? Can they be subject to compulsory licenses? Should designs of car body parts be treated differently?
- What lessons can we learn so far from the Dispute Settlement Mechanism?
|Resources||Table of Contents|
|Product Line||Kluwer Law International|
Preamble Agreement on Trade-Related Aspects of Intellectual Property Rights.
PART I General Provisions and Basic Principles.
Article 1 Nature and Scope of Obligations.
Article 2 Intellectual Property.
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.
PART II Standards Concerning the Availability, Scope and Use of Intellectual Property Rights.
Section 2: Trademarks.
Section 3: Geographical.
PART IV Acquisition and Maintenance of Intellectual Property Rights and Related Inter Partes Procedures.
PART V Dispute Prevention and Settlement.
PART VI Transitional Arrangements.
Annex I Agreement on Trade-Related Aspects of Intellectual Property Rights.
Annex II Paris Convention for the Protection of Industrial Property.