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Resource Book on TRIPS and Development:
An authoritative and practical guide to the TRIPS Agreement


This 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.

 

  • PART ONE: NATURE OF OBLIGATIONS, PRINCIPLES AND OBJECTIVES (download the entire Part 1- 659 KB)

    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 91.1KB

  • PART TWO: SUBSTANTIVE OBLIGATIONS (Download parts 7-13 on Copyright - 526KB) (Download parts 17-26 on Patents - 915KB)

    Ccorresponding 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.

  • 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 179 KB

  • 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 911 KB

  • PART FIVE: INTERPRETATION AND DISPUTE PREVENTION AND SETTLEMENT (download entire part 5 - 341 KB)

    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 79 KB

    32: Dispute Settlement 252.6 KB

© ICTSD 2004 - Last Update: 05-Oct-2009