This Commentary on the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) provides a detailed textual analysis of TRIPS - a pivotal international agreement on intellectual property rights. TRIPS sets minimum standards for national laws on copyright, patents, trademarks and other forms of intellectual property rights. TRIPS profoundly impacts upon the regulation of access to medicines, compulsory licensing of copyright material, geographical indicators and other significant IP related matters. This reference book is a major authoritative work that is clearly organised and presented, allowing users to navigate quickly to commentary on any element of TRIPS. The book begins with a context-setting section, providing guidance on interpreting TRIPS. It considers the salient elements of the Vienna Convention on the Law of Treaties, the WTO Understanding on Rules and Procedures Governing the Settlement of Disputes, and the preamble to the Agreement Establishing the WTO. The book then follows the seven part structure of TRIPS, and provides an article-by-article analysis of each of its 73 provisions and specifically addresses the interpretation of key phrases in each article. An essential resource for practitioners and scholars, this detailed and exhaustive volume will also prove invaluable to academics and students of intellectual property law, international law and trade law. It is a first point of reference for anyone needing to know more about TRIPS.
The constitutional entrenchment and protection of property rights has always been a difficult and controversial issue. This new and unique work is more than a collection of cases on constitutional property law, it is an in-depth comparison of constitutional property clauses in jurisdictions around the world. The book consists of three parts: the first chapter contains a general discussion of comparative, theoretical, and analytical issues. The second part consists of eighteen chapters on jurisdictions where the property clause has generated substantial case law and jurisprudence, meriting extensive analysis and discussion. Among the countries discussed are Australia, Japan, Canada, Germany, Switzerland and South Africa. For easy reference the structure of these country-by-country chapters is identical. These chapters not only contain practical, useful legal information but also a normative interpretation of constitutional property clauses in their national and international context. The third and final part of the book contains a collection of 86 property clauses from jurisdictions not included in the country reports. The focus of the book is on comparison, and cross-references assist the reader in finding related cases and issues in other jurisdictions. The book will be of interest to private and public lawyers engaged in international trade and business practices, as well as to scholars of comparative (constitutional) law.
The concept of absolute private property'by which an owner can do whatever he wishes with what 'belongs' to him'has been attacked in many ways, but no challenge brings it into question with such strength as the awareness of continuing environmental degradation in virtual contempt of sustainable development. Throughout the twentieth century and into our own era, legal property rights have time and time again been successfully invoked by polluters and others interested in evading ecological imperatives. However, most jurists today would agree that the internationally acknowledged necessity for land use to be administered in ecologically sustainable ways is plainly a principle that should be harmonized across national boundaries.This remarkable new book is not a radical text, but seeks to find a principle of responsible proprietorship in our existing legal systems. And in fact it presents an excellent case for the international recognition of a principle of responsible proprietorship in the title registration systems derived from the German model, rooted in the historical Hanseatic model; primarily the Australian Torrens system that spread throughout the British Empire from the mid-nineteenth century on. In great detail, the author demonstrates that this system offers a firm foundation on which a truly responsible environmental law of property can be established.Dr Raff identifies the German model of land title registration as the modern globalizing trend. It has been freely adopted in jurisdictions as widespread as Eastern Europe and Asia, and it is the model favoured by international capacity building and funding agencies of the UN, World Bank and IMF, to the extent that it may now be described as the international model and future internationalization is pressed onward. The unfolding of responsible proprietorship in German land law has demonstrated the potential for the international model similarly to unfold. Certainty in land transactions is the ostensible rationale of title registration, but as Raff shows, implicit in the land title registration obligation is a wider responsibility of landowners with respect to their land stemming from their property in it, thus opening a juridical window to environmental imperatives. Philosophically, connection between the necessity for publicity of land transactions and wider responsibility may be traced back to the classical and modern Natural Law traditions.The comparative law methodology adopted by Dr Raff builds on reception theory and emphasises what lies in common between local systems derived from international models rather than how difference might be magnified. In this vein, the work concludes with inspiring directions toward future research into how the principle of responsible proprietorship might be identified in other land title models conceived around the necessity for publicity in land transactions; specifically, the French, Spanish and Portuguese registration systems and systems derived from them, and the deeds registration systems of North America.Private Property and Environmental Responsibility offers a rigorous and persuasive approach to a major current issue that finds, through the legitimate processes of legal reasoning within our own existing systems, viable solutions to the unprecedented environmental problems posed by our technological age. It is a seminal work that will be valued and consulted for decades to come by environmentally-conscious lawyers at every level of national and international law.
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