This book provides practical commentary on the TRIPS agreement related to patents and test data. This fifth edition, in which the author has revised the entire text and updated various arguments, continues to articulate the specific steps that a government or a company must take, in a wide variety of possible contexts, to ensure that its patent-related obligations under TRIPS are met. This book is presented in an article-by-article format, following the TRIPS agreement itself as it relates to patents and test data. In this way, the author?s incisive analysis covers every issue likely to arise in today?s patent and test data administrative and legal practice.
Bibliography, etc. Note
Includes bibliographical references and index.
Formatted Contents Note
Introductory note : the TRIPS agreement twenty years after Preamble : agreement on trade-related aspects of intellectual property rights Part I : general provisions and basic principles. Article 1 : nature and scope of obligations ; Article 2 : intellectual property conventions ; Article 3 : national treatment ; Article 4 : most-favoured nation treatment ; Article 5 : multilateral agreements on acquisitions or maintenance of protection ; Article 6 : exhaustion ; Article 7 : objectives ; Article 8 : principles Part II : standards concerning the availability, scope, and use of intellectual property rights. Article 27 : patentable subject matter ; Article 28 : rights conferred ; Article 29 : conditions on patent applicants ; Article 30 : exceptions to rights conferred ; Article 31 : other use without authorization of the rights holder ; Article 32 : revocation/forfeiture ; Article 33 : term of protection ; Article 34 : process patents: burden of proof ; Article 39 Part IV : acquisition and maintenance of intellectual property rights and related inter partes procedures Part V : dispute prevention and settlement. Article 64 : dispute settlement Part VI : transitional arrangements. Article 65 : transitional arrangements ; Article 66 : least-developed country members ; Article 70 : protection of existing subject matter.