- List of Contributors
- List of Abbreviations
- List of Cited GATT Panel and Working Party Reports and their Common Abbreviations
- List of Cited WTO Panel and Appellate Body Reports, Other Initiated WTO Disputes, and their Common Abbreviations
- Table of Cases
- The Evolution of the World Trading System – The Economic and Policy Context
- The Evolution of the World Trading System – The Legal and Institutional Context
- The Place of the WTO in the International System
- WTO Institutional Aspects
- Responding to National Concerns
- Regional Trade Agreements
- The Institutional Dimension
- Jurisdiction, Applicable Law, and Interpretation
- Procedural and Evidentiary Issues
- Standard of Review in WTO Law
- Remedies and Compliance
- The Limits of Judicial Processes
- Trade and Development
- Trade and Environment
- Trade and Labour
- Trade and Human Rights
- Trade and Health
- Trade and Investment
- Trade and Competition Policy
- WTO and Civil Society
- International Trade Law, United Nations Law, and Collective Security Issues
- Regulating Multinational Corporations and International Trade Law
- Law, Culture, and Values in the WTO – Gazing into the Crystal Ball
Abstract and Keywords
The agreement that resulted from the trade-related aspects of intellectual property rights (TRIPS) raises an array of complex questions and its implications for development, trade, and competition. This article outlines certain significant developments under TRIPS Agreement since its entry into force in 1995. It examines two areas in which the TRIPS Agreement underwent developments: disputes arising under the TRIPS Agreement that have proceeded to formal adjudication in the World Trade Organization (WTO), and negotiation among WTO Members regarding access to medicines and public health under the TRIPS Agreement. This article explores some of the issues under the TRIPS Agreement that are yet to be resolved: exhaustion, anticompetitive practices, and geographical indications. It addresses a number of areas in which TRIPS-related issues expand beyond the boundaries of the WTO and considers how these forces are changing international intellectual property law.
Andrew Mitchell, PhD (Cantab), LLM (Harv), Grad Dip Intl L (Melb), LLB (Hons) (Melb), BCom (Hons) (Melb) is Associate Professor, Faculty of Law, University of Melbourne; Member, WTO indicative list of governmental and non-govern-mental panelists; Fellow, Tim Fischer Centre for Global Trade & Finance, Bond University; Barrister and Solicitor, Supreme Court of Victoria and High Court of Australia; and Advisory Board Member, Melbourne Journal of International Law; Author of Legal Principles in WTO Disputes (Cambridge: Cambridge University Press, 2008).
Tania Voon, PhD (Cantab), LLM (Harv), Grad Dip Intl L (Melb), LLB (Hons) (Melb), BSc (Melb). Associate Professor, Melbourne Law School, University of Melbourne; Member, WTO indicative list of governmental and non-governmental panelists; Former Legal Officer, Appellate Body Secretariat, World Trade Organization; Fellow, Tim Fischer Centre for Global Trade & Finance, Bond University; Barrister and Solicitor, Supreme Court of Victoria and High Court of Australia. Advisory Board Member, Melbourne Journal of International Law; Editorial Board Member, Indian Journal of International Economic Law; Author of Cultural Products and the World Trade Organization (Cambridge: Cambridge University Press, 2007).
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