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Roffe, Pedro; Spennemann, Christoph; Braun, Johanna von --- "Intellectual Property Rights in Free Trade Agreements: Moving Beyond TRIPS Minimum Standards" [2010] ELECD 450; in Correa, M. Carlos (ed), "Research Handbook on the Protection of Intellectual Property under WTO Rules" (Edward Elgar Publishing, 2010)

Book Title: Research Handbook on the Protection of Intellectual Property under WTO Rules

Editor(s): Correa, M. Carlos

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781847209047

Section: Chapter 9

Section Title: Intellectual Property Rights in Free Trade Agreements: Moving Beyond TRIPS Minimum Standards

Author(s): Roffe, Pedro; Spennemann, Christoph; Braun, Johanna von

Number of pages: 51

Extract:

9 Intellectual property rights in free trade
agreements: moving beyond TRIPS
minimum standards
Pedro Roffe, Christoph Spennemann and
Johanna von Braun


Introduction
Regional and bilateral free trade agreements (FTAs)1 and their relation-
ship with the World Trade Organization (WTO) Agreement on Trade-
related Aspects of Intellectual Property Rights (TRIPS Agreement) are
the main focus of this chapter.
In exploring these matters we examine, first, how the latter Agreement
marks the starting point of a major shift with respect to the pre-existing
intellectual property (IP) landscape by both breaking with the traditional
evolution of the international system and by opening the way to new and
expansive developments in the international protection and enforcement
of intellectual property rights (IPRs).
The chapter then analyses the main features of FTAs negotiated
after the conclusion of the TRIPS Agreement and their implications for
developing countries. Particular attention is paid throughout the chapter
to a number of public interest-related policy matters, where the FTAs
increase and expand the minimum standards of protection and enforce-
ment established under TRIPS, with particular attention to issues such as
public health, the protection of life forms and of traditional knowledge,
access to knowledge in general and to the new obligations on enforcement
and dispute settlement. The final section draws some overall conclusions
around these recent developments and their implications.
We begin with an examination of the main features of the TRIPS
Agreement and of the policy space afforded to countries with respect to its
implementation.2



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