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This book examines the impact and shortcomings of the TRIPS Agreement, which was signed in Marrakesh on 15 April 1994. Over the last 20 years, the framework conditions have changed fundamentally. New technologies have emerged, markets have expanded beyond national borders, some developing states have become global players, the terms of international competition have changed, and the intellectual property system faces increasing friction with public policies.
The contributions to this book inquireinto whether the TRIPS Agreement should still be seen only as part of aninternational trade regulation, or whether it needs to be understood - or even reconceptualized- as a framework regulation for the international protection of intellectualproperty. The purpose, therefore, is not to define the terms of an outright revision of theTRIPS Agreement but rather to discuss the framework conditions for an interpretative evolutionthat could makethe Agreement better suited to the expectations and needs of today's globaleconomy.
List of contents
Part I Revisiting the Policy Rationale of TRIPS.- Part II TRIPS as a Legal Framework: Which Geometry?.- Part III Systems Challenges.-Part IV TRIPS and Countervailing Principles.- Part V Exclusivity, Access and Innovation.- Part VI From Enforcing to Enhancing TRIPS.
Summary
This book examines the impact and shortcomings of the TRIPS Agreement, which was signed in Marrakesh on 15 April 1994. Over the last 20 years, the framework conditions have changed fundamentally. New technologies have emerged, markets have expanded beyond national borders, some developing states have become global players, the terms of international competition have changed, and the intellectual property system faces increasing friction with public policies.
The contributions to this book inquire
into whether the TRIPS Agreement should still be seen only as part of an
international trade regulation, or whether it needs to be understood – or even reconceptualized
– as a framework regulation for the international protection of intellectual
property. The purpose, therefore, is not to define the terms of an outright revision of the
TRIPS Agreement but rather to discuss the framework conditions for an interpretative evolution
that could makethe Agreement better suited to the expectations and needs of today’s global
economy.