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A Practical Guide to Working with TRIPS by Antony Taubman

By Antony Taubman

This publication is a concise and available advisor to the sensible workings of the journeys contract (Trade-Related features of highbrow estate Rights) for policymakers and their criminal advisers. The booklet deals a distinct insider's account of the way the foreign ideas of IP functionality in perform inside of a broader criminal framework that contains WTO legislations and dispute answer methods. It clarifies how IP legislation and exchange legislations needs to be handled in a coherent and sustainable demeanour, and gives functional suggestions on the right way to learn public coverage pursuits into the formula and alertness of IP legislation and comparable legislation, in the criminal framework proven by way of journeys. The e-book is concise and transparent, and cuts during the textual muddle and complexity that afflicts policymaking and negotiation less than the journeys regime.

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Extra info for A Practical Guide to Working with TRIPS

Sample text

TRIPS compliance’ means managing trade relations, not avoiding parking tickets Similarly the idea of ‘TRIPS compliance’ develops different shades of meaning with the maturing of the regime. Compliance with WTO standards is not like 14 What it Means to Work with TRIPS policing a parking lot, where an enforcement officer will issue a ticket and impose a penalty for non-compliance—or a speed camera that will routinely issue a penalty for any infringement. Non-compliance with TRIPS does not bring automatic penalties, and normally does not even yield a formal finding of non-compliance.

TRIPS was not negotiated as an end in itself but as a means of bringing greater order, transparency, predictability and even fairness to the way governments do business with each other in progressing their interests on IP, especially when those interests are felt to diverge and these differences sharpen to the point of disputation. For this mechanism to work in practice means taking a calm, realist, objective view of TRIPS, and detaching it as a legal instrument from the values, preconceptions, and political agendas that various actors associate with it.

So to assess whether a domestic law is ‘compliant’ with TRIPS requires more than interpreting and clarifying TRIPS standards: as the AB observed in the first major case on TRIPS, India – Pharmaceutical Patents, it is necessary to examine the laws themselves; otherwise, only the country concerned could assess whether its own laws met its obligations to other countries under TRIPS. 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.

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