The TRIPS Regime of Trademarks and Designs. 2e Revised edition

The Agreement on Trade-Related Aspects of Intellectual Property Rights (the TRIPS Agreement), which constitutes Annex 1C of the Agreement Establishing the World Trade Organization (WTO), is undoubtedly the most comprehensive international agreement on intellectual property protection ever established. This incomparable book, recognized since its first edition as the preeminent work on its subject, thoroughly and expertly examines the intricacies of the TRIPS provisions concerning trademarks and industrial designs.

It is organized as a paragraph-by-paragraph annotated text of the Agreement, with detailed commentary not only on the articles specifically dealing with industrial property but on every clause in the Agreement that could affect the protection of trademarks and/or designs.

The second edition brings the author’s prodigious analysis of case law, dispute settlements, ongoing scholarship, and other pertinent developments fully up to date. With the authority and in-depth experience of a WIPO official whose daily work is to assist developing countries implementing TRIPS obligations in the area of industrial property, Nuno Pires de Carvalho brings his practical insight and vast scholarship to such complex questions as the following:

• What is the real concept of intellectual property? What is the characteristic that is common to patents and copyright, which promote invention and creation, and distinctive signs that are indifferent to invention and may even discourage it?

• How does the TRIPS Agreement interact with the Paris Convention? Should one treaty prevail over the other in case of conflict?

• Can WTO Members envisage a third modality of exhaustion that retains the benefits of the two known modalities (national and international exhaustion) and yet overcomes the shortcomings of both?

• What signs constitute trademarks? What is the fundamental obligation under TRIPS as regards trademarks: to register or to protect? Are these terms synonymous?

• What elements assist in identifying a well-known mark? Does knowledge mean reputation?

• What are the limitations on the protection of non-visually perceptible marks like sounds, scents and tastes? Is there a Human Rights dimension in the protection of those non-traditional signs?