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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.
List of contents
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.
About the author
Matthew has always had a passion for art, with an enjoyment of the bizarre. Parts of his brain seem to be rather childlike, making writing and illustrating a children's book seem like a good idea. By day, Matthew is a Family Physician and by night, an artist. He has three children and a wonderful wife. He's always loved visual art and the creative power of imagination. This is his first children's book and he hopes to write many more.
Summary
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. It will be essential reading for policy-makers interested in WTO agreements on other new issues.
