The TRIPs Agreement. A Guide for the South
The Uruguay Round Agreement on Trade-Related
Intellectual Property Rights

Preface
I. Trade-Related Intellectual Property Rights. A New Regime

An introduction to intellectual property rights
The TRIPs Agreement
Asymmetric negotiations
Changes in the IPRs system
II. Main Provisions of the TRIPs Agreement
General principles
Specific provisions
Copyright and related rights
Trademarks
Geographical indications
Industrial designs
Patents
Integrated circuits
Undisclosed information
Restrictive practices in licensing agreements
Enforcement
Dispute settlement
Transitional provisions
Technical co-operation
Review of the TRIPs Agreement in the WTO
III. How Much Freedom Remains to Determine National Policy on IPRs?
Software
Moral rights of authors
Exceptions to exclusive rights
Patents relating to biological matter
Compulsory licensing
Industrial designs
IV. Implications of the TRIPs Agreement for Developing Countries
General implications for legislation
Innovation
Technology transfer
Foreign direct investment
Trade
Implications in selected areas
Patenting of pharmaceutical products
Protection of biological resources
Computer programmes
V. Conclusion
 
Annexe
Implementation of the TRIPs Agreement in Developing Countries
I. Objectives and Principles for Implementation
II. Enactment of Implementing Legislation
Extent of obligations
Method of implementation
Transition Periods
New patentable areas
Protection of existing subject matter
Pending applications
Pharmaceutical and agrochemical products
III. Exhaustion of Rights
IV. Computer Programmes
Ideas/expression dichotomy
Computer programmes as literary works
Cumulative protection
Copies and reverse engineering
V. Industrial Designs
VI. Patents
Exclusions from patentability
Sui generis regime for plant varieties
Rights conferred and exceptions
Compulsory licensing
Public health and nutrition or other reasons of public interest
Non-working or insufficient working of a patent
Environmental protection
Dependent patents
Refusal to grant a voluntary licence
Other grounds
Bibliography