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TRIPS plus 20

From Trade Rules to Market Principles

  • Book
  • © 2016

Overview

Editors:
  1. Hanns Ullrich

    1. Max Planck Institute for Innovation and Competition, Munich, Germany

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  2. Reto M. Hilty

    1. Max Planck Institute for Innovation and Competition, Munich, Germany

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  3. Matthias Lamping

    1. Max Planck Institute for Innovation and Competition, Munich, Germany

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  4. Josef Drexl

    1. Max Planck Institute for Innovation and Competition, Munich, Germany

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  • New perspectives on international IP protection
  • Policy advice on implementing the TRIPS Agreement
  • Flexible interpretation of TRIPS provisions
  • Includes supplementary material: sn.pub/extras

Part of the book series: MPI Studies on Intellectual Property and Competition Law (MSIP, volume 25)

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Table of contents (24 chapters)

  1. Front Matter

    Pages i-xvii
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  2. Revisiting the Policy Rationale of TRIPS

    1. Front Matter

      Pages 1-1
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    2. The Origins and Structure of the TRIPS Agreement

      • William Cornish, Kathleen Liddell
      Pages 3-51

    3. The Concept of Trade-Relatedness of Intellectual Property Rights in Times of Post-TRIPS Bilateralism

      • Josef Drexl
      Pages 53-83

    4. The Political Foundations of TRIPS Revisited

      • Hanns Ullrich
      Pages 85-129

  3. TRIPS as a Legal Framework: Which Geometry?

    1. Front Matter

      Pages 131-131
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    2. From Minimum Standards to Maximum Rules

      • Annette Kur
      Pages 133-162

    3. IP and Trade in a Post-TRIPS Environment

      • Henning Grosse Ruse-Khan
      Pages 163-183

    4. Ways Out of the Trap of Article 1(1) TRIPS

      • Reto M. Hilty
      Pages 185-210

  6. Exclusivity, Access and Innovation

    1. Front Matter

      Pages 507-507
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Keywords

About this book

This book examines the impact and shortcomings of the TRIPS Agreement, which was signed in Marrakesh on 15 April 1994. Over the last 20 years, the framework conditions have changed fundamentally. New technologies have emerged, markets have expanded beyond national borders, some developing states have become global players, the terms of international competition have changed, and the intellectual property system faces increasing friction with public policies. 

The contributions to this book inquire into whether the TRIPS Agreement should still be seen only as part of an international trade regulation, or whether it needs to be understood – or even reconceptualized – as a framework regulation for the international protection of intellectual property. The purpose, therefore, is not to define the terms of an outright revision of the TRIPS Agreement but rather to discuss the framework conditions for an interpretative evolution that could makethe Agreement better suited to the expectations and needs of today’s global economy.

Editors and Affiliations

  • Max Planck Institute for Innovation and Competition, Munich, Germany

    Hanns Ullrich, Reto M. Hilty, Matthias Lamping, Josef Drexl

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