Resource Book on TRIPS and Development

Study
Date period
1 January 2005

SummaryThis is conceived as a guide that will provide background and technical information on the main issues under discussion in TRIPS. It should be a practical tool for negotiators and policymakers in order to facilitate their informed participation in negotiations and decision-making processes.

Comments and suggestions may be sent either to Pedro Roffe, Project Director, ICTSD, Chemin de Balexert, Geneva, CH-1219; or Christoph Spennemann, UNCTAD, Technology Transfer and Intellectual Property, International Arrangements Section, DITE,Palais des Nations, Geneva.

A new version of the Resource Book is available for purchase by Cambridge University Press.

The version was last updated 1 June 2005.

TABLE of CONTENTS (and structure of the book)

The general approach to the preparation of the Resource Book

Acknowledgments

Title Page and Table of Contents

List of Indexes

PART ONE: NATURE OF OBLIGATIONS, PRINCIPLES AND OBJECTIVES

Corresponding to the Preamble and Articles 1 – 8 of TRIPS: the characterization of the TRIPS rules as minimum standards; the discretion of Members as to the method of implementation; those intellectual property rights embraced by TRIPS; the national treatment and most-favoured-nation clauses; the controversial issues of exhaustion and of the TRIPS objectives and principles as laid down in Art. 7, 8 and the preamble.

1: Preamble

2: Nature and Scope of Obligations

3: Categories of IP Embraced by TRIPS

4: Basic Principles

5: Exhaustion of Rights

6: Objectives and Principles

PART TWO: SUBSTANTIVE OBLIGATIONS

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SummaryThis is conceived as a guide that will provide background and technical information on the main issues under discussion in TRIPS. It should be a practical tool for negotiators and policymakers in order to facilitate their informed participation in negotiations and decision-making processes.

Comments and suggestions may be sent either to Pedro Roffe, Project Director, ICTSD, Chemin de Balexert, Geneva, CH-1219; or Christoph Spennemann, UNCTAD, Technology Transfer and Intellectual Property, International Arrangements Section, DITE,Palais des Nations, Geneva.

A new version of the Resource Book is available for purchase by Cambridge University Press.

The version was last updated 1 June 2005.

TABLE of CONTENTS (and structure of the book)

The general approach to the preparation of the Resource Book

Acknowledgments

Title Page and Table of Contents

List of Indexes

PART ONE: NATURE OF OBLIGATIONS, PRINCIPLES AND OBJECTIVES

Corresponding to the Preamble and Articles 1 – 8 of TRIPS: the characterization of the TRIPS rules as minimum standards; the discretion of Members as to the method of implementation; those intellectual property rights embraced by TRIPS; the national treatment and most-favoured-nation clauses; the controversial issues of exhaustion and of the TRIPS objectives and principles as laid down in Art. 7, 8 and the preamble.

1: Preamble

2: Nature and Scope of Obligations

3: Categories of IP Embraced by TRIPS

4: Basic Principles

5: Exhaustion of Rights

6: Objectives and Principles

PART TWO: SUBSTANTIVE OBLIGATIONS

Corresponding to Sections 1 – 7 of Part II of the TRIPS Agreement. It deals in detail with all substantive rights covered by the TRIPS Agreement, especially issues such as patents and related matters like the access to medicines and the Doha Declaration on the TRIPS Agreement and Public Health. Another patent issue concerns the ongoing negotiations under Article 27.3(b) on the patentability of life forms, where a thorough analysis of implementing options is presented, accompanied by a summary of Members' respective positions in the current review of this provision. Moreover, the reader is provided with a detailed analysis of the TRIPS provisions on geographical indications, facilitating the understanding of the ongoing negotiations in the TRIPS Council.

7: Copyright Works

8: Copyright Computer Programs

9: Copyright: Databases

10: Copyright: The Rental Right

11: Copyright: Term of Protection

12: Copyright: Limitations and Exceptions

13: Copyright: Related Rights

14: Trademarks

15: Geographical Indications

16: Industrial Designs

17: Patents: Subject Matter and Patentability Requirements

18: Patents: Non-Discrimination

19: Patents: Ordre Public and Morality

20: Patents: Therapeutic, Surgical and Diagnostic Methods

21: Patents: Biotechnological Inventions: Genetic Resources, Plant Variety Protection, Traditional Knowledge

22: Rights Conferred

24: Patents: Disclosure Obligations

25: Patents: Non-Voluntary Uses (Compulsory Licences)

26: Process Patents: Burden of Proof 62.8 KB

27: Integrated Circuits 93.5 KB

28: Undisclosed Information 110 KB

PART THREE: INTELLECTUAL PROPERTY RIGHTS AND COMPETITION

Corresponding to Article 8.2 and Section 8 of Part II of the TRIPS Agreement, Article 40.

29: Competition

PART FOUR: ENFORCEMENT, ACQUISITION AND MAINTENANCE OF RIGHTS

Corresponding to Parts III and IV of the TRIPS Agreement. It is in this area that developing countries face considerable implementation challenges concerning the establishment of appropriate enforcement procedures.

30: Enforcement

PART FIVE: INTERPRETATION AND DISPUTE PREVENTION AND SETTLEMENT

Deals with Part V of the TRIPS Agreement on transparency and dispute settlement and on the methods of interpretation employed by WTO panels and the Appellate Body. The Section on dispute settlement explains in detail the WTO dispute settlement system under the DSU and provides insight into the problems of a possible introduction of "non-violation complaints" to TRIPS-related disputes.

31: Transparency

32: Dispute Settlement

PART SIX: TRANSITIONAL AND INSTITUTIONAL ARRANGEMENTS

Relating to Parts VI and VII of the TRIPS Agreement. The main areas of interest for developing countries are the Sections on transitional periods, on technical cooperation and transfer of technology and especially on the hotly debated issues of the mailbox provision and exclusive marketing rights under Article 70.8 and 9. Up-to-date information on the most recent decisions of the TRIPS Council and the General Council is provided.

33: Transitional Periods

34: International and Technical Cooperation and Transfer of Technology

35: Council for TRIPS

36: Transitional Provisions

37: Review and Amendment

38: Reservations

39: Security Exceptions