TRIPS plus 20 From Trade Rules to Market Principles
This book examines the impact and shortcomings of the TRIPS Agreement, which was signed in Marrakesh on 15 April 1994. Over the last 20 years, the framework conditions have changed fundamentally. New technologies have emerged, markets have expanded beyond
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Hanns Ullrich Reto M. Hilty Matthias Lamping Josef Drexl Editors
TRIPS plus 20 From Trade Rules to Market Principles
Max Planck Institute for Innovation and Competition
More information about this series at http://www.springer.com/series/7760
MPI Studies on Intellectual Property and Competition Law Volume 25
Edited by Josef Drexl Reto M. Hilty Joseph Straus
Hanns Ullrich • Reto M. Hilty • Matthias Lamping • Josef Drexl Editors
TRIPS plus 20 From Trade Rules to Market Principles
Editors Hanns Ullrich Max Planck Institute for Innovation and Competition Munich Germany
Reto M. Hilty Max Planck Institute for Innovation and Competition Munich Germany
Matthias Lamping Max Planck Institute for Innovation and Competition Munich Germany
Josef Drexl Max Planck Institute for Innovation and Competition Munich Germany
ISSN 2191-5822 ISSN 2191-5830 (electronic) MPI Studies on Intellectual Property and Competition Law ISBN 978-3-662-48106-6 ISBN 978-3-662-48107-3 (eBook) DOI 10.1007/978-3-662-48107-3 Library of Congress Control Number: 2015960239 Springer Heidelberg New York Dordrecht London © Springer-Verlag Berlin Heidelberg 2016 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. Printed on acid-free paper Springer-Verlag GmbH Berlin Heidelberg is part of Springer Science+Business Media (www.springer.com)
Preface
On April 15, 1994, the “Agreement on the Trade-Related Aspects of Intellectual Property Rights” (TRIPS) has been signed in Marrakech as part of the “Agreement on the Establishment of the World Trade Organization” (WTO). Soon thereafter, on January 1, 2015, the WTO entered into operation. Since the Max Planck Institute for Innovation and Competition always took great academic interest in critically analyzing, first the drafting process, and then the freshly created TRIPS Agreement,1 we felt that after 20 years of existence of the Agreement, there were reasons enough to take a fresh look at it. Within the framework, which the WTO sets for the economic and legal regulati
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