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The General Exception Clauses of the TRIPS Agreement : Promoting Sustainable Development.
An examination of the policy room made available by the general exception clauses of the TRIPS Agreement.
| Clasificación: | Libro Electrónico |
|---|---|
| Autor principal: | |
| Formato: | Electrónico eBook |
| Idioma: | Inglés |
| Publicado: |
Cambridge :
Cambridge University Press,
2012.
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| Colección: | Cambridge Intellectual Property and Information Law, 17.
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| Temas: | |
| Acceso en línea: | Texto completo |
Tabla de Contenidos:
- Cover; The General Exception Clauses of the TRIPS Agreement: Promoting Sustainable Development; Title; Copyright; Dedication; Contents; List of tables; Acknowledgements; Table of cases; Brazil; Canada; Court of Justice of the European Union (formerly European Court of Justice); European Court of Human Rights; France; GATT Panel Reports; India; Inter-American Commission of Human Rights; Inter-American Court of Human Rights; International Court of Justice; Israel; Permanent Court of Arbitration; South Africa; United States of America; World Trade Organization.
- Treaties, Declarations and ResolutionsStatutes; Abbreviations; 1: Introduction; 1.1 Relationship between sustainable development and access to knowledge; Access to technologies; Access to knowledge condensed into literary and scientific works; Access to the ornamental plastic form of durable goods; Access to the identification signs used by companies and their products and services; 1.2 Role of intellectual property rights in restricting access to knowledge; 1.3 Purpose and plan of the work; 1.4 Methodological approach.
- Part I: Determining the normative meaning of the general exception clauses of the TRIPS Agreement2: The customary rules of treaty interpretation and the elements in light of which the general exception clauses of TRIPS should be interpreted; Introduction; 2.1 Ordinary meaning attributable to the terms of the treaty; 2.2 Principle of good faith; 2.2.1 Principle of effectiveness in the interpretation of treaties; 2.2.2 Doctrine of abuse of rights; 2.3 Object and purposes of the WTO system and the TRIPS Agreement; 2.3.1 General objectives of the WTO system.
- 2.3.2 Specific objectives of the TRIPS Agreement2.3.3 Article 8 of the TRIPS Agreement and the guiding principles of the general exception clauses; 2.4 Context of the general exception clauses of the TRIPS Agreement; 2.4.1 Interpretative agreements and subsequent State practices; 2.4.2 Rules of international law applicable in the relations between the parties; 2.5 Supplementary means of interpretation; 3: Determining the normative meaning of arts. 17, 26(2) and 30 of the TRIPS Agreement; 3.1 Introduction; 3.2 Art. 30 TRIPS according to Canada
- Pharmaceutical Patents.
- 3.2.1 The first step of the test of art. 303.2.2 The second step of the test of art. 30; 3.2.3 The third step of the test of art. 30; 3.2.4 Obstacles created by Canada
- Pharmaceutical Patents; 3.3 Reframing the meaning of art. 30 in the light of the treaty interpretation rules of the VCLT; 3.3.1 The first step of the test; 3.3.2 The second step of the test; 3.3.3 The third step of the test; 3.3.4 Summary of the normative meaning of art. 30 resulting from the application of the general rule of interpretation of the VCLT.