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Paper explores a possible solution through arbitration forums, as a national and international policy matter, whether it can …
Persistent link: https://www.econbiz.de/10013231681
The overwhelming majority of intellectual property lawsuits settle before trial. These settlements involve agreements between the patentee and the accused infringer, parties who are often competitors before the lawsuit. Because these competitors may agree to stop competing, to regulate the price...
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for TRIPs standards of IP protection and the recent appearance of TRIPS-Plus provisions. Particular attention is focused …
Persistent link: https://www.econbiz.de/10014183633
This study considers intellectual property rules contained in the WTO TRIPS Agreement as they might affect climate … change regulatory efforts. The TRIPS Agreement rules that are most directly applicable in this context are patents … WTO dispute-settlement panel might apply WTO rules (especially TRIPS) to climate change initiatives that a WTO Member …
Persistent link: https://www.econbiz.de/10014159752
The Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS Agreement”) is the first WTO agreement … requiring them to establish enforcement measures and procedures meeting minimum standards. The TRIPS Agreement is sometimes … systems.However, added to the uniquely “positive” aspect of the TRIPS Agreement is a negotiating history that for a long time …
Persistent link: https://www.econbiz.de/10013037685
On 10 April last year, the United States filed a complaint against China in the Dispute Settlement Body of the World … the TRIPS Agreement. A dispute settlement panel has now been established to investigate the complaint. This article will … briefly outline the complaint against China, and will also revisit the controversial TRIPS Agreement — which is now in its …
Persistent link: https://www.econbiz.de/10012987871
differ from those articulated under the TRIPS Agreement, particularly in the focus of due process and compensation …, regarding the arbitral procedure, it is of much value from the public health perspective that an investor-state arbitration … ultimate return to state-state dispute settlement, rather than investor-state arbitration, would be more feasible to settle …
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