General Exception Clauses of the Trips Agreement: Promoting Sustainable Developm

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Aimed at students, scholars, legal professionals and policy-makers dedicated to intellectual property issues, this book aims to solve potential conflicts between intellectual property rights, human rights and free competition through the adoption of legislative and judicial exceptions to intellectual property rights.

FORMATPaperback LANGUAGEEnglish CONDITIONBrand New Publisher Description

The general exception clauses of the TRIPS Agreement of the World Trade Organization permit exceptions to copyrights and to the rights conferred by trademarks, industrial designs and patents. These clauses are intended to facilitate access to diverse forms of proprietary knowledge and therefore foster the interdependent pillars of sustainable development: economic progress, realization of human rights and the conservation of the environment. In this book, Edson Beas Rodrigues, Jr argues that the TRIPS Agreement, in its current configuration, does not hinder the establishment of exceptions to intellectual property rights, devised to promote vital socioeconomic interests such as the freedom to carry out creative and inventive activities, freedom of expression, the strengthening of free competition, and increased access to educational materials by underprivileged students and to technical knowledge for humanitarian purposes.

Author Biography

Edson Beas Rodrigues, Jr is a lawyer based in Brazil. Between 2004 and 2010, he was a Research Fellow at the Instituto de Direito do Comercio Internacional e Desenvolvimento, in Sao Paulo, Brazil.

Table of Contents

Part I. Determining the Normative Meaning of the General Exception Clauses of the TRIPS Agreement: 1. The customary rules of treaty interpretation and the elements in light of which the general exception clauses of TRIPS shall be interpreted; 2. Determining the normative meaning of arts. 17, 26(2) and 30 of the TRIPS Agreement; 3. Determining the normative meaning of arts. 13 of the TRIPS Agreement and 9(2) of the Berne Convention; Part II. Putting to the Test the Capacity of the General Exception Clauses of the TRIPS Agreement to Promote the Pillars of Sustainable Development: 4. Patents and the R&D and the Genetic Diagnostic Test Exceptions; 5. Trademarks and the Parody and Criticism Exception; 6. Industrial designs and the Repair Exception; 7. Copyright and the Educational Exception for Underprivileged Students and Researchers.

Promotional "Headline"

An examination of the policy room made available by the general exception clauses of the TRIPS Agreement.

Description for Bookstore

Aimed at students, scholars, legal professionals and policy-makers dedicated to intellectual property issues, this book aims to solve potential conflicts between intellectual property rights, human rights and free competition through the adoption of legislative and judicial exceptions to intellectual property rights.

Description for Library

Aimed at students, scholars, legal professionals and policy-makers dedicated to intellectual property issues, this book aims to solve potential conflicts between intellectual property rights, human rights and free competition through the adoption of legislative and judicial exceptions to intellectual property rights.

Details ISBN1107536162 Publisher Cambridge University Press Series Cambridge Intellectual Property And Information Law Year 2015 ISBN-10 1107536162 ISBN-13 9781107536166 Format Paperback Publication Date 2015-07-09 Pages 400 Imprint Cambridge University Press Subtitle Promoting Sustainable Development Place of Publication Cambridge Country of Publication United Kingdom DEWEY 346.048 Short Title GENERAL EXCEPTION CLAUSES OF T Language English Media Book Series Number 17 Illustrations 4 Tables, black and white Audience Professional and Scholarly Author Jr Edson Beas Rodrigues UK Release Date 2015-07-09 AU Release Date 2015-07-09 NZ Release Date 2015-07-09 We've got this

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