Trade Related Aspects of Intellectual Property Rights: A Commentary on the TRIPS Agreement (2nd edition)

ISBN : 9780198707219

Carlos M. Correa
592 ページ
171 x 246 mm
Oxford Commentaries on International Law
  • Fully updated second edition covers new developments in WIPO, the WTO, and new case law
  • Comprehensive and accessible analysis of the most influential international treaty on intellectual property rights, the TRIPS Agreement
  • Examination of the rights and duties of WTO Members in implementing the TRIPS Agreement
  • Forward looking analysis of the future developments in digital copyright
  • Includes discussion of the crucial enforcement provisions of the TRIPS Agreement

New to this Edition:

  • Considers the impact of the Doha Declaration on TRIPS and Public Health
  • Looks at the role of human rights in interpreting and applying the obligations under the TRIPS Agreement
  • Covers new treaties and legislation

The TRIPS Agreement is the most comprehensive and influential international treaty on intellectual property rights. It brings intellectual property rules into the framework of the World Trade Organization, obliging all WTO Member States to meet minimum standards of intellectual property protection and enforcement. This has required massive changes in some national laws, particularly in developing countries. This volume provides a detailed legal analysis of the provisions of the TRIPS Agreement, as well as elements to consider their economic implications in different legal and socio-economic contexts.
This book provides an in depth analysis of the principles and of the substantive and enforcement provisions of the TRIPS Agreement, the most influential international treaty on intellectual property currently in force. It discusses the legal context in which the Agreement was negotiated, the objectives of their proponents and the nature of the obligations it created for the members of the World Trade Organization. In particular, it examines the minimum standards that must be implemented with regard to patents, trademarks, industrial designs, geographical indications, copyright and related rights, integrated circuits, trade-secrets and test data for pharmaceutical and agrochemical products.
Trade Related Aspects of Intellectual Property Rights: A Commentary on the TRIPS Agreement elaborates on the interpretation of provisions contained in said Agreement, in the light of the customary principles for the interpretation of international law. The analysis -which is supported by a review of the relevant GATT and WTO jurisprudence- identifies the policy space left to such members to implement their obligations in accordance with their own legal systems and public policy objectives, including in respect of complex issues such as patentability criteria, compulsory licenses, exceptions and limitations to copyright, border measures, injunctive relief and the protection of test data under the discipline of unfair competition.


Carlos Maria Correa is the Executive Director of the South Centre, an intergovernmental organization established in Geneva. He has been Director of the Center for Interdisciplinary Studies on Industrial Property and Economics (University of Buenos Aires), a visiting professor in post-graduate courses of several universities and consultant to UNCTAD, UNIDO, UNDP, WHO, FAO, IDB, INTAL, World Bank, SELA, ECLA, and other regional and international organizations.

Review from previous edition 
"provides much valuable material to read and consider..a comprehensive and accessible analysis of TRIPs, taking in (i) examination of the rights and duties of WTO members in implementing it, (ii) a forward-looking analysis of the developments in digital copyright as well as (iii) discussion of TRIPs' crucial enforcement provisions well-written and helpfully-referenced work.." - Jeremy Phillips, www.ipkat.com