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This book analyses the impact of CAFTA-DR and European Free Trade Agreements on the industrial property system in Central America. While there is ample literature on bilateral and regional FTAs, it is often limited to the contractual obligations assumed by the participating countries. This book goes a step further and analyses how these obligations are implemented through national legislation, institutional changes and legal practice. To provide a deeper understanding of the effects of FTAs on national IP systems, the book addresses research questions that go beyond general publications on the topic. Research questions include: Is the combination of market access and IP rules in a bilateral FTA an effective and appropriate trade deal? How are the IP requirements under the FTAs implemented into the national statutory framework? Do the IP rules of FTAs sufficiently address institutional factors necessary for an effective IP system? Do they provide for an appropriate balance between minimum protection and flexibilities and support relevant IP policy objectives? The book covers the CAFTA-DR member states Costa Rica, the Dominican Republic, El Salvador, Guatemala, Honduras and Nicaragua, reviewing the implementation of FTA obligations regarding patents, plant varieties, test data, trademarks, geographical indications, designs, genetic resources and traditional knowledge, enforcement and other areas. By looking at several countries, a broad range of IP rights and the practical implementation of FTA obligations, this book provides a broad range of information and insights.
List of contents
1. Introduction.- 2. Legal and Institutional Framework of IP Protection in Central America.- 3. Inventions, Plant Varieties and Test Data.- 4. Distinctive Signs.- 5. Designs, Topographies and Unfair Competition.- 6. Genetic Resources and Traditional Knowledge.- 7. Enforcement.- 8. Evaluation and Recommendations.
About the author
Fabian Böttger is a German-qualified attorney-at-law with many years of practical experience dealing with questions of intellectual property especially in the life sciences industry. He worked for several years as a researcher at the Max Planck Institute for Competition and Innovation (Munich). Prior to this, he studied law in Tübingen and Munich, where he passed both his bar exams, and obtained his LL.M. and a Certificate in Latin American studies at the University of Texas / Austin.
Summary
This book analyses the impact of CAFTA-DR and European Free Trade Agreements on the industrial property system in Central America. While there is ample literature on bilateral and regional FTAs, it is often limited to the contractual obligations assumed by the participating countries. This book goes a step further and analyses how these obligations are implemented through national legislation, institutional changes and legal practice. To provide a deeper understanding of the effects of FTAs on national IP systems, the book addresses research questions that go beyond general publications on the topic. Research questions include: Is the combination of market access and IP rules in a bilateral FTA an effective and appropriate trade deal? How are the IP requirements under the FTAs implemented into the national statutory framework? Do the IP rules of FTAs sufficiently address institutional factors necessary for an effective IP system? Do they provide for an appropriate balance between minimum protection and flexibilities and support relevant IP policy objectives? The book covers the CAFTA-DR member states Costa Rica, the Dominican Republic, El Salvador, Guatemala, Honduras and Nicaragua, reviewing the implementation of FTA obligations regarding patents, plant varieties, test data, trademarks, geographical indications, designs, genetic resources and traditional knowledge, enforcement and other areas. By looking at several countries, a broad range of IP rights and the practical implementation of FTA obligations, this book provides a broad range of information and insights.
