Daniel Gervais Trips Agreement

In the new fourth issue, Gervais added a series of original proposals for TRIPS rules, as well as a much broader commentary. “Countries submit TRIPS disputes to the WTO, which has an international tribunal to try them,” Gervais said. “This tribunal had cited early projects and all WTO members should have access to these projects, as well as anyone who tries to understand the scope and purpose of the agreement.” Gervais presented this new information in a grid that shows the differences in the rules that each nation originally hoped the agreement would incorporate, and the actual provisions of the final agreement. The text is divided into three parts that examine and analyse the TRIPS Agreement. The first part describes the evolution of the TRIPS Agreement, the second part is a detailed commentary on the 79 articles of the Convention and the third part reflects the laws, agreements and decisions that a practitioner might need to understand. The result of extremely complex negotiations, which established minimum standards for the international treatment of intellectual property, TRIPS remains the most comprehensive multilateral agreement on intellectual property to date. A lasting and cooperative relationship has been established between the World Intellectual Property Organization (WIPO) and the WTO, which manages the agreement. “The interpretation of the TRIPS Agreement is essential in all cases where it involves international intellectual property rights,” Gervais said. During the drafting of the agreement, Gervais worked in the GATT/WTO Legal Staff and immediately recognized the need for detailed commentary that would inform and reinforce the complex provisions of TRIPS. “I was in the room as a member of the secretariat who facilitated the discussion, I heard the issues raised and I understood how and why the rules were set out in the agreement,” he said.

“I knew that lawyers and judges had to understand the original intent of the rules set out in the TRIPS agreement and how those rules were established.” When he joined WIPO, he began to work seriously on this book. Gervais` original book of the TRIPS Agreement, published in 1998, gave a careful history of the evolution and beginning of the agreement, highlighted the important compromises negotiated for the implementation of TRIPS and provided detailed commentary on each part of the agreement. In subsequent editions, published in 2003 and 2008, Gervais expanded the historical part of the book to include discussions on and resolution of major TRIPS disputes. Daniel Gervais designed his definitive book The TRIPS Agreement: Drafting History and Analysis, the fourth edition of which was published by Sweet & Maxwell on December 31, 2012, while working in the early 1990s at the World Trade Organization (WTO) on TRIPS` predecessor, the General Agreement on Tariffs and Trade (GATT). Gervais, who heads the Intellectual Property Program at Vanderbilt Law School, is one of the world`s leading experts on the complex agreement on the commercial aspects of intellectual property rights (TRIPS), which entered into force on January 1, 1995. Professor Gervais` active participation in the negotiations, drafted by the governing authority of the TRIPS Agreement, ensures that this book constitutes a distinctive and instructive statement of the history and context of the agreement. With respect to goods from country D, it can first be said that Lexmark is not applicable because there was no “authority” for the sale by the patent owner. Second, there are specific international rules on non-patented licences that limit the re-export of patented products manufactured under compulsory licence, in particular Article 31(f) of the TRIPS Agreement. An amendment to trip TRIPS (Article 31a) amended this rule for phamarmceutcial exports to least developed countries. The amendment contains detailed rules for diversion to more economically developed markets. .

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