| Description |
1 online resource (402 pages). |
|
text file |
| Series |
Cambridge Intellectual Property and Information Law, 17 ; v. 17
|
|
Cambridge intellectual property and information law ; 17.
|
| Contents |
Cover; The General Exception Clauses of the TRIPS Agreement: Promoting Sustainable Development; Title; Copyright; Dedication; Contents; List of tables; Acknowledgements; Table of cases; Brazil; Canada; Court of Justice of the European Union (formerly European Court of Justice); European Court of Human Rights; France; GATT Panel Reports; India; Inter-American Commission of Human Rights; Inter-American Court of Human Rights; International Court of Justice; Israel; Permanent Court of Arbitration; South Africa; United States of America; World Trade Organization. |
|
Treaties, Declarations and ResolutionsStatutes; Abbreviations; 1: Introduction; 1.1 Relationship between sustainable development and access to knowledge; Access to technologies; Access to knowledge condensed into literary and scientific works; Access to the ornamental plastic form of durable goods; Access to the identification signs used by companies and their products and services; 1.2 Role of intellectual property rights in restricting access to knowledge; 1.3 Purpose and plan of the work; 1.4 Methodological approach. |
|
Part I: Determining the normative meaning of the general exception clauses of the TRIPS Agreement2: The customary rules of treaty interpretation and the elements in light of which the general exception clauses of TRIPS should be interpreted; Introduction; 2.1 Ordinary meaning attributable to the terms of the treaty; 2.2 Principle of good faith; 2.2.1 Principle of effectiveness in the interpretation of treaties; 2.2.2 Doctrine of abuse of rights; 2.3 Object and purposes of the WTO system and the TRIPS Agreement; 2.3.1 General objectives of the WTO system. |
|
2.3.2 Specific objectives of the TRIPS Agreement2.3.3 Article 8 of the TRIPS Agreement and the guiding principles of the general exception clauses; 2.4 Context of the general exception clauses of the TRIPS Agreement; 2.4.1 Interpretative agreements and subsequent State practices; 2.4.2 Rules of international law applicable in the relations between the parties; 2.5 Supplementary means of interpretation; 3: Determining the normative meaning of arts. 17, 26(2) and 30 of the TRIPS Agreement; 3.1 Introduction; 3.2 Art. 30 TRIPS according to Canada -- Pharmaceutical Patents. |
|
3.2.1 The first step of the test of art. 303.2.2 The second step of the test of art. 30; 3.2.3 The third step of the test of art. 30; 3.2.4 Obstacles created by Canada -- Pharmaceutical Patents; 3.3 Reframing the meaning of art. 30 in the light of the treaty interpretation rules of the VCLT; 3.3.1 The first step of the test; 3.3.2 The second step of the test; 3.3.3 The third step of the test; 3.3.4 Summary of the normative meaning of art. 30 resulting from the application of the general rule of interpretation of the VCLT. |
| Note |
3.4 Assessment test of the legitimacy of exceptions to the rights conferred by trademarks (art. 17). |
| Summary |
An examination of the policy room made available by the general exception clauses of the TRIPS Agreement. |
| Bibliography |
Includes bibliographical references (pages 330-350) and index. |
| Local Note |
eBooks on EBSCOhost EBSCO eBook Subscription Academic Collection - North America |
| Subject |
Agreement on Trade-Related Aspects of Intellectual Property Rights (1994 April 15)
|
|
Agreement on Trade-Related Aspects of Intellectual Property Rights (1994 April 15) |
|
Agreement on Trade-Related Aspects of Intellectual Property Rights (1994 April 15) |
|
Intellectual property (International law)
|
|
Intellectual property (International law) |
|
Foreign trade regulation.
|
|
Foreign trade regulation. |
|
Sustainable development -- Law and legislation.
|
|
Sustainable development -- Law and legislation. |
| Genre/Form |
Electronic books.
|
| Other Form: |
Print version: Beas Rodrigues, Jr, Edson. General Exception Clauses of the TRIPS Agreement : Promoting Sustainable Development. Cambridge : Cambridge University Press, ©2012 9781107017481 |
| ISBN |
9781139377331 |
|
1139377337 |
|
1107017483 |
|
9781107017481 |
|
9781139380195 (electronic book) |
|
1139380192 (electronic book) |
|
9781139084222 (electronic book) |
|
1139084224 (electronic book) |
|
9781107536166 (paperback) |
| Standard No. |
9786613633699 |
