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A Neofederalist Vision of TRIPS
The Resilience of the International Intellectual Property Regime
Graeme B. Dinwoodie and Rochelle C. Dreyfuss
288 pages
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235x156mm
978-0-19-530461-9
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Hardback
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31 May 2012
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This item will be ordered from OUP USA. Items ordered from OUP USA are despatched and charged as soon as we receive them, which is normally within 2 weeks
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- Critique of existing WTO dispute panel decisions, bringing an intellectual property perspective to the trade field (including a questioning of the wisdom of applying MFN to intellectual property);
- Assesses whether a number of pending or recent initiatives in a number of countries comply with international law;
- An attempt to address the contemporary debate about the fragmentation of international law generally in the specific context of intellectual property law, where some of the problems of fragmentation are most acute;
The TRIPS Agreement (Agreement on Trade-Related Aspects of Intellectual Property Rights), signed on April 15, 1994, introduced intellectual property protection into the World Trade Organization's multilateral trading system for the first time, and it remains the most comprehensive international agreement on intellectual property to date. A Neofederalist Vision of TRIPS by Graeme B. Dinwoodie and Rochelle C. Dreyfuss examines its interpretation, its impact on the creative environment, and its effect on
national and international lawmaking. It propounds a vision of TRIPS as creating a neofederalist regime, one that will ensure the resilience of the international intellectual property system in time of rapid change. In this vision, WTO members retain considerable flexibility to tailor intellectual property law to their national priorities and to experiment with changes necessary to meet new technological and social challenges, but agree to operate within an international framework. This framework, while less powerful than the central administration of a federal government, comprises a series of substantive and procedural commitments that promote the coordination of both the present intellectual property system as well as future international intellectual property lawmaking.
Part I demonstrates the centrality of state autonomy throughout the history of international negotiations over intellectual property. Part II, which looks at the present, analyzes the decisions of the WTO in intellectual property cases. It concludes that the WTO has been inattentive to the benefits of promoting cultural diversity, the values inherent in intellectual property, the rich fabric of its law and lore, the necessary balance between producers and users of knowledge goods, and the relationship between the law and the technological environment in which it must operate. Looking to the future, Part III develops a framework for integrating the increasingly fragmented international system and proposes the recognition of an international intellectual property acquis, a
set of longstanding principles that have informed, and should continue to inform intellectual property lawmaking. The acquis would include both express and latent components of the international regime, put access-regarding guarantees such as user rights on a par with proprietary interests and enshrine the fundamental importance of national autonomy in the international system.Readership: Scholars and studentsof intellectual property and trade law; international relations, and good governance. Trade lawyers and intellectual property lawyers who practice or consult on matters related to the WTO. National and international policymakers seeking to identify their obligations and scope for lawmaking, their ability to
resist diplomatic pressure, and their ability (at the national level) to enact particular laws.
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Graeme B. Dinwoodie, Professor of Intellectual Property and Information Technology Law, University of Oxford, and Rochelle C. Dreyfuss, Pauline Newman Professor of Law, NYU School of Law Graeme B. Dinwoodie is the Professor of Intellectual Property and Information Technology Law at the University of Oxford. Before returning to the UK, he taught at several U.S. law schools and has also held a Chair at Queen Mary College, University of London. In 2008, Professor Dinwoodie was awarded the Pattishall Medal for Excellence in Teaching Trademark and Trade Identity Law by the International Trademark Association. Professor Dinwoodie is a member of the American Law Institute, and has served as
a consultant to both the World Intellectual Property Organization and the United Nations Conference on Trade and Development. He has been Chair of the Intellectual Property Section of the Association of American Law Schools, and is the current President of the Association of Teachers and Researchers in Intellectual Property Law (ATRIP).
Rochelle C. Dreyfuss is the Pauline Newman Professor of Law at New York University School of Law and Co-director of the Engelberg Center on Innovation Law and Policy at NYU. She is a member of the American Law Institute and was a co-Reporter for its Project on Intellectual Property: Principles Governing Jurisdiction, Choice of Law, and Judgments in Transnational Disputes. She is presently serving on the Academies' Committee on Science, Technology, and Law.
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Preface
Acknowledgements
PART I. Where We Were: The Structure of Intellectual Property and the History of the TRIPS Debate
Chapter 1. The Challenges of the TRIPS Agreement
Chapter 2. The History and Character of TRIPS and how it Shapes the Contemporary Debate
PART II. Where we Are: Dispute Resolution and its Impact on a Neofederalist Vision of TRIPS
Chapter 3. The Dispute Settlement Understanding and Interpretation of the Substantive Features of the TRIPS Agreement
Chapter 4. Interpretation Continued: The Structural Features of the TRIPS Agreement
Chapter 5: TRIPS and Domestic Lawmaking
PART III. Where We Are Headed: Intellectual Property Lawmaking For the Twenty-First Century
Chapter 6: The WTO, WIPO, ACTA, and More: Fragmentation and Integration
Chapter 7: An International Acquis: Integrating Regimes and Restoring Balance
Notes
Index
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The specification in this catalogue, including without limitation price, format, extent, number of illustrations, and month of publication, was as accurate as possible at the time the catalogue was compiled. Occasionally, due to the nature of some contractual restrictions, we are unable to ship a specific product to a particular territory. Jacket images are provisional and liable to change before publication.
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