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

2. 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

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

4. Trademark

5. Patent

6. 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.

7. Geographical Indication

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

9. 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?

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

11. 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

12. 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

13. Objectives
preamble
Art. 7
Art. 8

14. Substantive protection
A closer look at patents

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

16. Enforcement
Art. 41 et seq.