Cover; Copyright; Contents; Contributors; Abbreviations and acronyms; PART I Background; 1. The pendulum keeps swinging-present discussions on and around the TRIPS Agreement; 2. Spotlight on China: piracy, enforcement, and the balance dilemma in intellectual property law; 3. The WTO dispute settlement system and the evolution of international IP law: an institutional perspective; 4. Assessing the need for a general public interest exception in the TRIPS Agreement; 5. Limitations and exceptions under the three-step test -- how much room to walk the middle ground?; 6. TRIPS and human rights
7. Fire and water make steam -- redefining the role of competition law in TRIPS8. Enough is enough -- the notion of binding ceilings in international intellectual property protection; 9. Expropriation or fair game for all? The gradual dismantling of the IP exclusivity paradigm; PART II Proposed amendments to TRIPS; Proposed amended text (synopsis); Explanatory memorandum; Index
Summary
This important new book constitutes a serious examination of both the positive potential, as well as the deficiencies, of the TRIPS agreement. In the light of their analysis, the editors and their colleagues make a powerful case for wide ranging reforms. Intellectual Property law (IP) - particularly in relation to international trade regimes - is increasingly finding itself challenged by rapid developments in the technological and global economic landscapes. In its attempt to maintain a responsive legislative system that is interacting successfully with global trade rules, IP is having to resp