WTO Law Class 12: TRIPS Agreement

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Presentation transcript:

WTO Law Class 12: TRIPS Agreement Ferrara 2018 Dr. Holger Hestermeyer Shell Reader in International Dispute Resolution, King‘s College London

Today‘s Program TRIPS: What is IP? The pre-history of TRIPS How did TRIPS get into the WTO Protected rights, general principles, objectives Substantive protection, SDT Enforcement

Copyright https://www.youtube.com/watch?v=rog8ou-ZepE https://www.youtube.com/watch?v=a01QQZyl-_I

Trademark

Patent

Patent Having fully described the invention in such clear and concise terms as to enable those skilled in the art to understand and practice the same, the invention claimed is: 1. Apparatus comprising: a garment having a buttocks covering portion; and a buttocks cleavage-revealing portion disposed at the buttocks covering portion for revealing an upper portion of a cleavage of a buttocks, the buttocks cleavage revealing portion comprises an opening extending a distance sufficient to reveal only the upper portion of the cleavage. 2. The garment of claim 1, further comprising see-through material disposed at the opening. 3. The garment of claim 1, wherein the opening is heart-shaped. 4. The garment of claim 1, wherein the opening is logo-shaped. 5. The garment of claim 1, wherein the opening is flower-shaped. 6. The garment of claim 1, wherein the opening is butterfly-shaped. 7. The garment of claim 1, wherein the opening is football helmet-shaped. 8. The garment of claim 1, wherein the garment is a pant.

Geographical Indication

Be aware Principle of territoriality (note: EPC, but: EU TM, Unitary Patent (?)) Exhaustion International exhaustion? (Art. 6 TRIPS)

The pre-history of TRIPS 1883 Paris Convention for the Protection of Industrial Property (176 parties) 1886 Berne Convention for the Protection of Literary and Artistic Works (169 Parties) 1967 Convention establishing the World Intellectual Property Organization (188 Parties) WHAT WAS MISSING? Harmonization, enforcement, what was in GATT?

How did TRIPS get into the WTO? What is trade-related Developing countries v developed countries

Protected rights Art 1(2), Part II of TRIPS: Copyright and Related Rights Trademarks Geographical Indications Industrial Designs Patents Layout-Designs of Integrated Circuits Protection of Undisclosed Information Control of Anti-Competitive Practices in Contractual Licences

General Principles Art. 1(3): what is the obligation Art. 1(1): minimum level of protection Art. 2: incorporation of previous conventions Art. 3: NT Art. 4: MFN

Objectives preamble Art. 7 Art. 8

Substantive protection A closer look at patents

SDT Transitional periods (Art. 65), 66 Doha Declaration on TRIPS and health and waiver, TRIPS Amendment Technical Assistance, Transfer of Technology Art. 67

Enforcement Art. 41 et seq.