WTO Dispute Settlement and the TRIPS Agreement: Applying Intellectual Property Standards in a Trade Law...

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Matthew Kennedy

WTO Dispute Settlement and the TRIPS Agreement

Applying Intellectual Property Standards in a Trade Law Framework

Matthew Kennedy

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Hardback

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English

Cambridge University Press
05 May 2016

Investment treaties & disputes; International organisations & institutions; Intellectual property law

Series: Cambridge International Trade and Economic Law

The TRIPS Agreement was implemented in the WTO to gain access to a functioning dispute settlement mechanism that could authorize trade sanctions. Yet TRIPS and the WTO Dispute Settlement Understanding are based on systems that developed independently in WIPO and GATT. In this book, Matthew Kennedy exposes the challenges created by the integration and independence of TRIPS within the WTO by examining how this trade organization comes to grips with intellectual property disputes. He contrasts the way intellectual property disputes between governments have been handled before and after the establishment of the WTO. Based on practical experience, this book provides a comprehensive review of the issues that arise under the DSU, TRIPS, GATT 1994 and other WTO agreements in intellectual property matters. These range from procedural pitfalls to substantive treaty interpretation and conflicts as well as remedies, including cross-retaliation.

By: Matthew Kennedy
Imprint: Cambridge University Press
Country of Publication: United Kingdom
Volume: 24
Dimensions: Height: 229mm, Width: 152mm, Spine: 27mm
Weight: 830g
ISBN: 9781107144682
ISBN 10: 110714468X
Series: Cambridge International Trade and Economic Law
Pages: 498
Publication Date: 05 May 2016
Audience: Professional and scholarly , College/higher education , Undergraduate , Primary
Format: Hardback
Publisher's Status: Active

Foreword Lars Anell; Foreword Thomas Cottier; 1. Introduction; 2. Achievement of objectives; 3. Procedural foundations; 4. Interpretation of TRIPS; 5. Relation of TRIPS to other WTO agreements; 6. Remedies; 7. Non-violation and situation complaints; 8. Conclusions; Appendix: case summaries.

Matthew Kennedy is a professor in the Faculty of Law at the University of International Business and Economics, Beijing. He was formerly a senior lawyer in the WTO Secretariat and Secretary of the WTO Council for TRIPS.

Reviews for WTO Dispute Settlement and the TRIPS Agreement: Applying Intellectual Property Standards in a Trade Law Framework

'Kennedy's book is an excellent guide to navigating [the trade law] lexicon in the context of TRIPS ... IP professionals who want to gain a better grasp of the complexity that undergirds TRIPS within the context of trade law will be well-advised to add Kennedy's book to their library.' Neil Wilkof, IPKat blog (www.ipkat.com/) 'This excellent book by Prof Kennedy offers a detailed analysis and critique of the WTO dispute settlement practice involving the TRIPS Agreement in order to examine how this trade organization comes to grips with IP disputes among governments and takes into account the particular focus of this comprehensive minimum standard agreement for the protection of private rights. ... By clarifying the interface between trade law and IP law at each stage of WTO dispute settlement procedures, this innovative book will help to anticipate and resolve systemic legal problems resulting from the 'fragmentation' of international economic law and from the risks of extending a 'trade law approach' to the regulation and settlement of disputes in other areas of international law such as IP, investment, environment, and health law.' Ernst-Ulrich Petersmann, Journal of International Economic Law