By Antony Taubman
This booklet is a concise and obtainable consultant to the sensible workings of the journeys contract (Trade-Related features of highbrow estate Rights) for policymakers and their criminal advisers. The booklet bargains a distinct insider's account of ways the overseas principles of IP functionality in perform inside of a broader criminal framework that contains WTO legislations and dispute solution approaches. It clarifies how IP legislations and exchange legislation has to be handled in a coherent and sustainable demeanour, and offers sensible information on tips on how to learn public coverage targets into the formula and alertness of IP legislation and comparable rules, in the felony framework proven by way of journeys. The booklet is concise and transparent, and cuts in the course of the textual litter and complexity that afflicts policymaking and negotiation lower than the journeys regime.
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Extra info for A Practical Guide to Working with TRIPS
Apart from legal obligations to comply with TRIPS, it is prudent, and good policy, for domestic policymakers to respect TRIPS Intellectual Property and Trade Law 13 standards when passing or revising IP laws, but the essential focus of the legislative process should remain centred on direct national interests and balanced public policymaking rather than simply importing the substantive standards of TRIPS. ‘Implementing TRIPS’ is more than a legislative exercise ‘Implementing TRIPS’ has conventionally been viewed as a process of passing or revising domestic laws so as to comply with TRIPS, an essentially passive approach of importing externally determined standards.
Its negotiating history is amply documented, many have analysed and explained how it is or how it should be interpreted and applied, many have offered proposals for revising it and revising the revisions to it, strategies are adumbrated to containing its injurious effects, claims are put forward for TRIPS to be trumped or superseded by preferred international norms and standards. So why add to this copious literature? We should be clear about what this book is not. It is not a comprehensive or authoritative interpretation of TRIPS as a legal text, and it would be a mistake to read it as such.
As the AB pithily commented, ‘this, clearly, cannot be so’. But TRIPS was not negotiated in the abstract: the standards it sets out for IP protection are themselves drawn for the most part from national laws and legal procedures, a kind of distillation of the accumulated experience of legal development in national systems, principally Europe and North America, laws that were shaped through centuries’ attempts to find dynamic policy balances in important areas of public policy. So to interpret the standards of TRIPS will—explicitly or implicitly—entail looking back through the experience of national legislative development, a kind of accumulated understanding as to what amounts to good policy settings and equitable procedures.
A Practical Guide to Working with TRIPS by Antony Taubman