The TRIPS Agreement was implemented in the WTO to gain access to a functioning dispute settlement mechanism that could authorize trade sanctions. Yet TRIPS and the WTO Dispute Settlement Understanding are based on systems that developed independently in WIPO and GATT. In this book, Matthew Kennedy exposes the challenges created by the integration and independence of TRIPS within the WTO by examining how this trade organization comes to grips with intellectual property disputes. He contrasts the way intellectual property disputes between governments have been handled before and after the establishment of the WTO. Based on practical experience, this book provides a comprehensive review of the issues that arise under the DSU, TRIPS, GATT 1994 and other WTO agreements in intellectual property matters. These range from procedural pitfalls to substantive treaty interpretation and conflicts as well as remedies, including cross-retaliation.
This book offers an instructional framework, shown through numerous research studies to promote higher and more equitable learning for diverse groups of students that brings school-wide coherence to d
Engineers encounter different types of contracts at nearly every turn in their careers. Contracts for Engineers: Intellectual Property, Standards, and Ethics is a tool to enhance their ability to comm
Students with severe disabilities comprise 2% of the population of learners who are impacted by intellectual, communicative, social, emotional, physical, sensory and medical issues. Increasingly, howe
Students with severe disabilities comprise 2% of the population of learners who are impacted by intellectual, communicative, social, emotional, physical, sensory and medical issues. Increasingly, howe
In The Power of the Steel-tipped Pen Noenoe K. Silva reconstructs indigenous intellectual history of a culture where—using Western standards—none is presumed to exist. Silva examines the work of two l
In The Power of the Steel-tipped Pen Noenoe K. Silva reconstructs indigenous intellectual history of a culture where—using Western standards—none is presumed to exist. Silva examines the work of two l
A new international instrument is needed to address access to interoperability standards and standards-essential intellectual property, which are critical to maintaining technological advancement and promoting cost-effective solutions for consumers. Applying law and economics methodologies, Simon Brinsmead systematically explores how international and domestic law deals with these matters. This important book includes an examination of the technical and economic nature of interoperability standards; a detailed analysis of the issues arising under intellectual property and competition law; an analysis of whether liability or exclusive property rules should apply with respect to interoperability standards and SEIP; and consideration of feasible international approaches. Finally, Brinsmead includes a draft of his proposed international soft law instrument as a starting point for future discussions in the field. Of interest to lawyers, regulators and scholars, this work offers a meaningful
In 2003, David Horowitz began a campaign to promote intellectual diversity and a return to academic standards in American universities. To achieve these goals he devised an Academic Bill of Rights an
Religious and academic dress in the middle ages functioned as a metaphorical signifier of spiritual and intellectual standards, implied a given social status, signalled the rejection or possession of
It is a commonplace that while Asia is nondualistic, the West, because of its uncritical reliance on Greek-derived intellectual standards, is dualistic. Dualism is a deep-seated habit of thinking and
Historians have long struggled with the questions of historical relativism, objectivity, and standards of proof and evidence. Intellectual historian Alan Spitzer focuses on the contradiction between t
Building on Karabenick’s earlier volume on this topic and maintaining its high standards of scholarship and intellectual rigor, Help Seeking in Academic Settings: Goals, Groups, and Contexts brings to
For WTO members, the Trade-Related Aspects of Intellectual Property (TRIPS) Agreement outlines the minimum standards for Intellectual Property Rights (IPRs) protection and offers a global regime for I
Economic globalisation and universal human rights both have the aspiration and power to improve and enrich individuals and communities. However, their respective institutions, methods, practices and goals differ, leading to both detrimental clashes and beneficial synergies. In this book, David Kinley analyses how human rights intersect with the trade, aid and commercial dimensions of global economic relations, taking the view that, while the global economy is a vitally important civilising instrument, it itself requires civilising according to human rights standards. Combining meticulous research with highly informed views and experiences, he outlines the intellectual, policy and practical frameworks for ensuring that the global economy advances the ends of human rights, argues for better exploitation of the global economy's capacity to distribute as well as create wealth, and proposes mechanisms by which to minimise and manage the socially debilitating effects of its market failures a
This analysis of how multi-level networked governance has superseded the liberal system of interdependent states focuses on the role of law in mediating power and shows how lawyers have shaped the main features of capitalism, especially the transnational corporation. It covers the main institutions regulating the world economy, including the World Bank, the IMF, the WTO and a myriad of other bodies, and introduces the reader to key regulatory arenas: corporate governance, competition policy, investment protection, anti-corruption rules, corporate codes and corporate liability, international taxation, avoidance and evasion and the campaign to combat them, the offshore finance system, international financial regulation and its contribution to the financial crisis, trade rules and their interaction with standards especially for food safety and environmental protection, the regulation of key services (telecommunications and finance), intellectual property and the tensions between exclusive
