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
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
