Intellectual Property: Trade, Competition, and Sustainable Development The World Trade Forum, Volume 3

by Thomas Cottier (Editor), Petros Constantinos Mavroidis (Editor), Marion Panizzon (Editor)

Overview

The incorporation of intellectual property protection into the WTO international trading system has been a milestone in international economic law and has added a new dimension to trade regulation — new rights and obligations and new challenges alike. The contributors, leading scholars and practitioners in the field, provide insights into the legal relationship of the TRIPs Agreement to the GATT 94 and the GATS. The book widens the debate with a thorough discussion on pending and unresolved relations of TRIPs, the WTO, UPOV, the Convention on Biodiversity and Farmers' Rights contained in the FAO International Undertaking, and efforts of the World Bank GCIAR system, including IPGRI. What will be the impact of TRIPs on ownership of plant genetic resources?
Largely a victory for OECD countries, the present state of intellectual property rights has important implications for developing countries. The incorporation of intellectual property rights into the WTO system will eventually change the relationship of trade, competition, and intellectual property. It will equally have to assist in providing equitable sharing of benefits in the use of plant genetic resources. All of these issues are essential for the revision of exclusions from patenting in TRIPs. This volume offers insights into how this difficult task could and should be approached in a balanced manner and will be essential reading for economists and trade and intellectual property lawyers interested in the subject. Moreover, the volume will be relevant to agricultural economists as it addresses complex problems in the interstices of trade, intellectual property, plant genetic resources, and sustainable development.
Thomas Cottier is Professor of European and International Economic Law, University of Bern, and Managing Director, World Trade Institute, University of Bern.
Petros C. Mavroidis is Professor of Law, University of Neuchâtel. He formerly worked in the Legal Affairs Division of the World Trade Organization.
Marion Panizzon is Research Fellow, University of Bern.
Simon Lacey is Research Fellow, University of Bern.

Product Details

ISBN-13:	9780472026432
Publisher:	University of Michigan Press
Publication date:	04/23/2010
Series:	Studies In International Economics , #3
Sold by:	Barnes & Noble
Format:	eBook
Pages:	552
File size:	783 KB

About the Author

Thomas Cottier is Professor of European and International Economic Law, University of Bern, and Managing Director, World Trade Institute, University of Bern.

Petros C. Mavroidis is Professor of Law, University of Neuchâtel. He formerly worked in the Legal Affairs Division of the World Trade Organization.

Marion Panizzon is Research Fellow, University of Bern.

Simon Lacey is Research Fellow, University of Bern.

Table of Contents

	Abbreviations and Acronyms	xi
	Authors and Conference Participants	xiii
	Preface	xvii
	Intellectual Property: Trade, Competition, and Sustainable Development -- An Overview	1
Part I	Intellectual Property in the Multilateral Trading System
1	From Negative to Positive Integration in the WTO: The TRIPS Agreement and the WTO Constitution	21
2	The Triangle of TRIPs, GATT and GATS	53
3	Comments on the Paper Presented by Ernst-Ulrich Petersmann	85
4	Comments on the Paper Presented by William J. Davey and Werner Zdouc	91
5	Comments on the Papers Presented by Ernst-Ulrich Petersmann and William J. Davey/Werner Zdouc	95
6	The First Five Years (1995-1999): Implementing and Enforcing TRIPs Obligations	101
7	The TRIPs Agreement Comes of Age: Conflict or Cooperation in the Post-Transitional Phase?	115
8	Comments on the Papers Presented by Adrian Otten and Jerome H. Reichman	141
Part II	Intellectual Property in Regional and National Trade Laws
9	Parallel Imports, Free Movement and Competition Rules: The European Experience and Perspective	147
10	Political Economy of the U.S. Parallel Trade Experience: Toward a More Thoughtful Policy	177
11	Issues Regarding Parallel Importation of Trademarked and Patented Products and Competition Policy in Japan	189
12	Parallel Imports and IPR-Based Dominant Positions: Where Do India's Interests Lie?	199
13	Parallel Imports into Switzerland--A Spot of Global Free Trade amidst Fortress Europe?	211
14	Where Should WTO Law Go on the Exhaustion of Intellectual Property Rights?	231
15	Intellectual Property Rights, Competition Policy and International Trade: Reflections on the Work of the WTO Working Group on the Interaction between Trade and Competition Policy (1996-1999)	235
16	A Short Note on Competition Rules in the WTO	267
17	Roundtable Discussion on Parts I and II	269
Part III	Intellectual Property, Genetic Engineering and Sustainable Development
18	Intellectual Property, Biotechnology, and International Trade: Two Examples	285
19	Which Rules in World Trade Law--Patents or Plant Variety Protection?	303
20	Patenting of Life Forms--The European Experience and Perspectives	341
21	Elements for the Protection of Farmers' Plant Varieties	359
22	Conserving Biodiversity and Rewarding Associated Knowledge and Innovation Systems: Honey Bee Perspective	373
23	Technology Transfer in Agricultural Biotechnology: The Developing Country Perspective	403
24	Comments on the Papers Presented by Anil K. Gupta and Carsten Fink/Carlos A. Primo Braga	421
25	Management of Plant Genetic Resources in the CGIAR: Problems, Prospects and the Quest for Equity	425
26	Major Legal Regimes Affecting Plant Genetic Resources (PGR): The Convention on Biological Diversity (CBD), the International Undertaking (IU) and the TRIPs Agreement	441
27	The Concept of Farmers' Rights, the Role of FAO and the TRIPs Agreement	455
28	Incentives to Bring about Conservation and Sustainable Use of Genetic Resources in the Framework of the World Trade Order	481
29	Comment: Some Thoughts on Managing the Interface between Intellectual Property, Genetic Engineering and Sustainable Development	505
30	Comments on the Papers Presented by Geoffrey Hawtin, Susan H. Bragdon, Martin A. Girsberger, and Joseph Straus	511
31	What Is the Future Role for the CBD in the Preservation of Plant Genetic Resources and Biological Diversity: A Plea for Policy Coherence	515
32	Roundtable Discussion on Part III	525
Part IV	Conclusions
33	Conclusions	539
	Annex
	The Legal Texts	547