Nuno Pires de Carvalho
Licks Attorneys
Partner
Partner
Nuno Pires de Carvalho joined Licks Attorneys as a partner, in 2016, to strengthen the firm?s IP, Policy Making and Competition practices. Before joining
About this book:
The TRIPS Regime of Patents and Test Data provides the best practical commentary on the TRIPS Agreement related to patents and test data. This fifth edition, in which the author has revised the entire text and updated various arguments, continues to articulate with unmatched clarity the specific steps that a government or a company must take, in a wide variety of possible contexts, to ensure that its patent-related obligations under TRIPS are met. This book is presented in an article-by-article format, following the TRIPS Agreement itself as it relates to patents and test data. In this way, the author’s incisive analysis covers every issue likely to arise in today’s patent and test data administrative and legal practice.
What’s in this book:
This pre-eminent work covers areas such as the following:
How this will help you:
This book contains a practical explanation of the patent-related TRIPS provisions, how they should be reflected in national law, and how courts are expected to enforce them. As the TRIPS Agreement has a direct impact on the daily activities of corporations, governments, and consumers, this book serves as a handbook for practitioners to understand the multilateral scenario concerning the protection of inventions and test data, with a natural repercussion on national legal regimes. For these reasons and more, this fifth edition is a crucially important resource for patent and public health lawyers seeking compliance as well as for government officials charged with the implementation of TRIPS obligations.
Preface to the Fifth Edition
Introductory Note: The TRIPS Agreement Twenty Years After
Preamble Agreement on Trade-Related Aspects of Intellectual Property Rights
PART I
General Provisions and Basic Principles
Article 1 Nature and Scope of Obligations
Article 2 Intellectual Property Conventions
Article 3 National Treatment
Article 4 Most-Favoured-Nation Treatment
Article 5 Multilateral Agreements on Acquisition or Maintenance of Protection
Article 6 Exhaustion
Article 7 Objectives
Article 8 Principles
PART II
Standards Concerning the Availability, Scope and Use of Intellectual Property Rights
Article 27 Patentable Subject Matter
Article 28 Rights Conferred
Article 29 Conditions on Patent Applicants
Article 30 Exceptions to Rights Conferred
Article 31 Other Use Without Authorization of the Right Holder
Article 31 bis
Annex to the TRIPS Agreement
Appendix to the Annex to the TRIPS Agreement
Article 32 Revocation/Forfeiture
Article 33 Term of Protection
Article 34 Process Patents: Burden of Proof
Article 39
Article 40
PART IV
Acquisition and Maintenance of Intellectual Property Rights and Related Inter Partes Procedures
Article 62
PART V
Dispute Prevention and Settlement
Article 64 Dispute Settlement
PART VI
Transitional Arrangements
Article 65 Transitional Arrangements
Article 66 Least-Developed Country Members
Article 70 Protection of Existing Subject Matter
Annex
Index
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