Overview

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.

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9781316507896

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Reviews

'This excellent book by Prof. Kennedy offers a detailed analysis and critique of the WTO dispute settlement practice involving the TRIPS Agreement in order to examine how this trade organization comes to grips with IP disputes among governments and takes into account the particular focus of this comprehensive minimum standard agreement for the protection of private rights. ... By clarifying the interface between trade law and IP law at each stage of WTO dispute settlement procedures, this innovative book will help to anticipate and resolve systemic legal problems resulting from the 'fragmentation' of international economic law and from the risks of extending a 'trade law approach' to the regulation and settlement of disputes in other areas of international law such as IP, investment, environment, and health law.' Ernst-Ulrich Petersmann, Journal of International Economic Law 'The reviewed book is a unique contribution to works discussing the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), in that it offers a perspective on the relationship between the intellectual property (IP) law and international trade law. The author's positions in both academia and practice (WTO Secretariat) provide an insight into this area of law from both a theoretical and a practical perspective. Its approach is different to the previous commentaries on TRIPS, in that it evaluates the nature and role of TRIPS as it links to the rest of WTO law, predominantly a trade law discipline.' Metka Potocnik, Queen Mary Journal of Intellectual Property 'Kennedy's book is an excellent guide to navigating [the trade law] lexicon in the context of TRIPS ... IP professionals who want to gain a better grasp of the complexity that undergirds TRIPS within the context of trade law will be well-advised to add Kennedy's book to their library.' Neil Wilkof, IPKat blog (www.ipkat.com/) 'Kennedy's book is an excellent guide to navigating [the trade law] lexicon in the context of TRIPS ... IP professionals who want to gain a better grasp of the complexity that undergirds TRIPS within the context of trade law will be well-advised to add Kennedy's book to their library.' Neil Wilkof, IPKat blog (www.ipkat.com/) 'This excellent book by Prof Kennedy offers a detailed analysis and critique of the WTO dispute settlement practice involving the TRIPS Agreement in order to examine how this trade organization comes to grips with IP disputes among governments and takes into account the particular focus of this comprehensive minimum standard agreement for the protection of private rights. ... By clarifying the interface between trade law and IP law at each stage of WTO dispute settlement procedures, this innovative book will help to anticipate and resolve systemic legal problems resulting from the 'fragmentation' of international economic law and from the risks of extending a 'trade law approach' to the regulation and settlement of disputes in other areas of international law such as IP, investment, environment, and health law.' Ernst-Ulrich Petersmann, Journal of International Economic Law 'The reviewed book is a unique contribution to works discussing the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), in that it offers a perspective on the relationship between the intellectual property (IP) law and international trade law. The author's positions in both academia and practice (WTO Secretariat) provide an insight into this area of law from both a theoretical and a practical perspective. Its approach is different to the previous commentaries on TRIPS, in that it evaluates the nature and role of TRIPS as it links to the rest of WTO law, predominantly a trade law discipline.' Metka Potocnik, Journal of Intellectual Propery

'This excellent book by Prof. Kennedy offers a detailed analysis and critique of the WTO dispute settlement practice involving the TRIPS Agreement in order to examine how this trade organization comes to grips with IP disputes among governments and takes into account the particular focus of this comprehensive minimum standard agreement for the protection of private rights. ... By clarifying the interface between trade law and IP law at each stage of WTO dispute settlement procedures, this innovative book will help to anticipate and resolve systemic legal problems resulting from the 'fragmentation' of international economic law and from the risks of extending a 'trade law approach' to the regulation and settlement of disputes in other areas of international law such as IP, investment, environment, and health law.' Ernst-Ulrich Petersmann, Journal of International Economic Law 'The reviewed book is a unique contribution to works discussing the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), in that it offers a perspective on the relationship between the intellectual property (IP) law and international trade law. The author's positions in both academia and practice (WTO Secretariat) provide an insight into this area of law from both a theoretical and a practical perspective. Its approach is different to the previous commentaries on TRIPS, in that it evaluates the nature and role of TRIPS as it links to the rest of WTO law, predominantly a trade law discipline.' Metka Potocnik, Queen Mary Journal of Intellectual Property 'Kennedy's book is an excellent guide to navigating [the trade law] lexicon in the context of TRIPS ... IP professionals who want to gain a better grasp of the complexity that undergirds TRIPS within the context of trade law will be well-advised to add Kennedy's book to their library.' Neil Wilkof, IPKat blog (www.ipkat.com/)

'This excellent book by Prof Kennedy offers a detailed analysis and critique of the WTO dispute settlement practice involving the TRIPS Agreement in order to examine how this trade organization comes to grips with IP disputes among governments and takes into account the particular focus of this comprehensive minimum standard agreement for the protection of private rights. ... By clarifying the interface between trade law and IP law at each stage of WTO dispute settlement procedures, this innovative book will help to anticipate and resolve systemic legal problems resulting from the 'fragmentation' of international economic law and from the risks of extending a 'trade law approach' to the regulation and settlement of disputes in other areas of international law such as IP, investment, environment, and health law.' Ernst-Ulrich Petersmann, Journal of International Economic Law 'The reviewed book is a unique contribution to works discussing the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), in that it offers a perspective on the relationship between the intellectual property (IP) law and international trade law. The author's positions in both academia and practice (WTO Secretariat) provide an insight into this area of law from both a theoretical and a practical perspective. Its approach is different to the previous commentaries on TRIPS, in that it evaluates the nature and role of TRIPS as it links to the rest of WTO law, predominantly a trade law discipline.' Metka Potocnik, Queen Mary Journal of Intellectual Property 'Kennedy's book is an excellent guide to navigating [the trade law] lexicon in the context of TRIPS ... IP professionals who want to gain a better grasp of the complexity that undergirds TRIPS within the context of trade law will be well-advised to add Kennedy's book to their library.' Neil Wilkof, IPKat blog (www.ipkat.com/)

Author Information

Matthew Kennedy is a professor in the Faculty of Law at the University of International Business and Economics, Beijing. He was formerly a senior lawyer in the WTO Secretariat and Secretary of the WTO Council for TRIPS.

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