Review of 'A Neofederalist Vision of TRIPS

Review of 'A Neofederalist Vision of TRIPS
Author: Molly K. Land
Publisher:
Total Pages: 0
Release: 2014
Genre:
ISBN:

This review of “A Neofederalist Vision of TRIPS,” by Graeme Dinwoodie and Rochelle Dreyfuss, engages the book's central argument that TRIPS is not a code but a “neofederalist” regime that imposes basic substantive expectations in order to promote coordination but which nonetheless preserves considerable member state autonomy. The review discusses the book's primary contributions to scholarship about TRIPS, including its refutation of the “code” vision of the TRIPS agreement and its overview of arguments that could be marshalled to defend local innovations in intellectual property policy making. The review also locates the book and its consideration of the TRIPS regime within larger conversations about the fragmentation of norms and law and the challenges of treaty interpretation. Finally, the review notes a few areas for further research, including with respect to the interpretive authority delegated to panels and the political context in which they operate.

A Neofederalist Vision of TRIPS

A Neofederalist Vision of TRIPS
Author: Graeme B. Dinwoodie
Publisher: Oxford University Press
Total Pages:
Release: 2012-03-15
Genre: Law
ISBN: 0199719578

The TRIPS Agreement (Agreement on Trade-Related Aspects of Intellectual Property Rights), signed on April 15, 1994, introduced intellectual property protection into the World Trade Organization's multilateral trading system, and it remains the most comprehensive international agreement on intellectual property to date. A Neofederalist Vision of TRIPS by Graeme B. Dinwoodie and Rochelle C. Dreyfuss examines its interpretation, its impact on the creative environment, and its effect on national and international lawmaking. It propounds a vision of TRIPS as creating a neofederalist regime, one that will ensure the resilience of the international intellectual property system in time of rapid change. In this vision, WTO members retain considerable flexibility to tailor intellectual property law to their national priorities and to experiment with changes necessary to meet new technological and social challenges, but agree to operate within an international framework. This framework, while less powerful than the central administration of a federal government, comprises a series of substantive and procedural commitments that promote the coordination of both the present intellectual property system as well as future international intellectual property lawmaking. Part I demonstrates the centrality of state autonomy throughout the history of international negotiations over intellectual property. Part II, which looks at the present, analyzes the decisions of the WTO in intellectual property cases. It concludes that the WTO has been inattentive to the benefits of promoting cultural diversity, the values inherent in intellectual property, the rich fabric of its law and lore, the necessary balance between producers and users of knowledge goods, and the relationship between the law and the technological environment in which it must operate. Looking to the future, Part III develops a framework for integrating the increasingly fragmented international system and proposes the recognition of an international intellectual property acquis, a set of longstanding principles that have informed, and should continue to inform intellectual property lawmaking. The acquis would include both express and latent components of the international regime, put access-regarding guarantees such as user rights on a par with proprietary interests and enshrine the fundamental importance of national autonomy in the international system.

A Neofederalist Vision of TRIPS

A Neofederalist Vision of TRIPS
Author: Graeme B. Dinwoodie
Publisher: Oxford University Press, USA
Total Pages: 282
Release: 2012-05-31
Genre: Law
ISBN: 0195304616

The TRIPS Agreement (Agreement on Trade-Related Aspects of Intellectual Property Rights), introduced intellectual property protection into the World Trade Organization's multilateral trading system for the first time. This book examines its interpretation, its impact on the creative environment, and much more.

Drafting Copyright Exceptions

Drafting Copyright Exceptions
Author: Emily Hudson
Publisher: Cambridge University Press
Total Pages: 409
Release: 2020-04-02
Genre: Law
ISBN: 110704331X

This is a detailed account of interpretative practices and the 'law in action' that draws lessons for the drafting of copyright exceptions.

25 Years of the TRIPS Agreement

25 Years of the TRIPS Agreement
Author: Christopher Heath
Publisher: Kluwer Law International B.V.
Total Pages: 411
Release: 2021-12-17
Genre: Law
ISBN: 9403528842

When the TRIPS Agreement was concluded in 1994, many saw it as embodying a new gold standard of intellectual property protection that not only reformed the Paris and Berne Conventions but also made further IP agreements unnecessary. Although this optimistic vision has eroded – obligations to protect IP rights can now be found in trade agreements and can be enforced before domestic courts and investor–state tribunals – the Agreement continues to pervade trends and developments in international law, not only in IP but in trade law also. This comprehensive commentary on the past, present, and future of the Agreement focuses on its influence on key topics in IP as well as on enforcement and dispute resolution. The editors have assembled a group of renowned IP law practitioners and academics who, taking each area of IP law, in turn, show the extent to which TRIPS provisions have survived, expanded, or been supplanted by other bodies. Their analysis covers the different IP rights addressed in the TRIPS Agreement (copyrights; trade marks; geographical indications; patents; data protection and enforcement) both in historical perspective and in their development in the last 25 years. An additional three chapters cover: most-favoured-nation obligations in regard of subsequent free trade agreements; how societal interests alter the interpretation of TRIPS obligations; the judicial role in the WTO panels and Appellate Body; minimum standards and reduction of flexibilities in IP policy; relationship of WTO/TRIPS with other international agreements. As intellectual property becomes more pervasive in society than ever before – and as both technology related to the use of IP and the way protected works are consumed have changed beyond recognition over the past 25 years – jurists, academics, and practitioners in IP and trade law will welcome this unique opportunity to test the true scope of national sovereignty in the interpretation of intellectual property rights.

Global Intellectual Property Protection and New Constitutionalism

Global Intellectual Property Protection and New Constitutionalism
Author: Jonathan Griffiths
Publisher: Oxford University Press
Total Pages: 401
Release: 2022-02-14
Genre: Law
ISBN: 0198863160

The constitutionalization of intellectual property law is often framed as a benign and progressive integration of intellectual property with fundamental rights. Yet this is not a full or even an adequate picture of the ongoing constitutionalization processes affecting IP. This collection of essays, written by international experts and covering a range of different areas of intellectual property law, takes a broader approach to the process. Drawing on constitutional theory, and particularly on ideas of "new constitutionalism", the chapters engage with the complex array of contemporary legal constraints on intellectual property law-making. Such constraints arising in international intellectual property law, human rights law (including human rights protection for right-holders), investment treaties, and forms of private ordering. This collection aims to illuminate the complex role of this constitutional framework, by analysing the overlaps, complementarities, and conflicts between such forms of protection and seeking to establish the effects that this assemblage of global and regional norms has on legal reform projects and interpretations of IP law. Some chapters take a broad theoretical perspective on these processes. Others focus on specific situations in which the relationship between intellectual property law and broader constitutional norms is significant. These contexts range from Art 17 of the EU's Digital Single Market Directive, to the implementation of harmonized trade secrets protection, from the role of Canada's Charter of Rights to the impact of the social model of property in Brazil.

Injunctions in Patent Law

Injunctions in Patent Law
Author: Jorge L. Contreras
Publisher: Cambridge University Press
Total Pages: 363
Release: 2022-05-12
Genre: Law
ISBN: 1108875777

Patents are important tools for innovation policy. They incentivize the creation and dissemination of new technical solutions and help to disclose their working to the public in exchange for limited exclusivity. Injunctions are important tools of their enforcement. Much has been written about different aspects of the patent system, but the issue of injunctions is largely neglected in the comparative legal literature. This book explains how the drafting, tailoring and enforcement of injunctions in patent law works in several leading jurisdictions: Europe, the United States, Canada, and Israel. The chapters provide in-depth explanation of how and why national judges provide for or reject flexibility and tailoring of injunctive relief. With its transatlantic and intra- European comparisons, as well as a policy and theoretical synthesis, this is the most comprehensive overview available for practicing attorneys and scholars in patent law. This book is also available as Open Access on Cambridge Core.

Intellectual Property Law: Text, Cases, and Materials

Intellectual Property Law: Text, Cases, and Materials
Author: Tanya Aplin
Publisher: Oxford University Press, USA
Total Pages: 939
Release: 2013-08-29
Genre: Law
ISBN: 019964330X

This book provides a full and clear exposition of the fundamentals of intellectual property law in the UK. It combines excerpts from cases and a broad range of secondary works with insightful commentary from the authors which will situate the law within a wider international context.

International Copyright Law and Access to Education in Developing Countries

International Copyright Law and Access to Education in Developing Countries
Author: Susan Isiko Štrba
Publisher: Martinus Nijhoff Publishers
Total Pages: 255
Release: 2012-08-22
Genre: Law
ISBN: 900423540X

In International Copyright Law and Access to Education in Developing Countries: Exploring Multilateral Legal and Quasi-Legal Solutions, Susan Isiko Štrba demonstrates the challenge of access to printed copyrighted educational and research materials in developing countries and proposes institutional and normative solutions at national and international levels.

The WTO Agreement on Trade-Related Aspects of Intellectual Property Rights

The WTO Agreement on Trade-Related Aspects of Intellectual Property Rights
Author: Justin Malbon
Publisher: Edward Elgar Publishing
Total Pages: 933
Release: 2014-01-31
Genre: Law
ISBN: 1781006040

This Commentary on the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) provides a detailed textual analysis of TRIPS _ a pivotal international agreement on intellectual property rights. TRIPS sets minimum standards