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TRIPS Agreement, The
TRIPS Agreement, The
Drafting History and Analysis
4th Edition
Practice Area:  Intellectual Property
ISBN:  9780414023130
Published by:  Sweet & Maxwell
Publication Date:  23 Nov 2012
Subscription Information:  Non-Subscribable Product
Format:  Hardback
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Author, Daniel Gervais was actively involved in the TRIPS Agreement negotiations in 1990-91, and presents here a distinctive and insightful explanation of the history and background of the Agreement.

New in the 4th edition:

  • The most significant change is the addition of four early versions of the TRIPS text in the article-by-article analysis in Part II, with underline and strike-through to show the changes, which chart the evolution of the final text of the Agreement
  • The 1991 “Dunkel” text is incorporated in the commentary and compared to other versions (instead of being included in an annex)
  • The early history of TRIPS as it was pre-negotiated outside of the General Agreement on Tariffs and Trade (GATT) is significantly enhanced
  • The commentary on each article is updated and revised to reflect dispute-settlement panel reports and other developments, including the fate of the Doha Round later this year and relevant bilateral and regional negotiations.
  • More on the role of the dispute-settlement mechanism.


  • Provides a complete background by following the history of the TRIPS Agreement
  • Demonstrates the effect of the TRIPS Agreement through analysis of recent cases
  • Presents an insightful article-by-article analysis of the full TRIPS Agreement negotiations
  • Includes relevant dispute settlement cases and the ongoing panel discussions to reflect the developments which have occurred since 1995
  • Takes into account the latest Doha Development Round discussiona to bring to light the current international issues relating to the TRIPS agreement
  • Analyses the rising trend of bilateral agreements and the implications for practitioners working in the countries party to those
  • Anticipates the future impact the TRIPS Agreement will have on the international IP framework
  • Written by the leading authority on the TRIPS Agreement, Professor Gervais' active involvement in negotiations ensures that this book presents a distinctive and insightful explaination of the history and background of the Agreement.



A - The emergence of the TRIPS Agreement during the Uruguay round of multilateral trade negotiations
B - The evolution of TRIPS between Marrakesh and Doha
C - The Doha Ministerial Conference, November 9 to 13, 2013
D - Progress of the Work in the Council on the Doha Agenda

PART TWO: Analysis of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)

Part I: General provision and basic principles
Part II: Standards concerning the availability, scope and use of intellectual property rights
Part III: Enforcement of intellectual property rights
Part IV: Acquisition and maintenance of intellectual property rights and related inter partes procedures
Part V: Dispute prevention and settlement
Part VI: Transition Arrangements
Part VII: Institutional arrangements: final provisions






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"...the great strengths of Gervais remain its updated treatment of the historical materials, its comphrehensive and readily accessible coverage of the travaux preparatoires, and the ease with which relevant source material for further research may be identified."
Review of the 3rd edition, JILIP

"This third eition of the TRIPS Agreement is excellent. The approach adopted means that the text is useful to practitioner, researcher and student alike. Importantly for a book like this, the index is excellent and so where a reader is unfamiliar with the layout of the TRIPS Agreement he or she can find the relevant provision from the index. Accordingly, any serious intellectual property scholar or practitioner should have a copy (or access to a copy) of Gervais' book. Even though those familiar with the second edition will find that little has changed in large parts of the text, there is enough new material to warrant the purchase of this new edition as it remains one of the foremost expositions of the TRIPS Agreement."
Review of the 3rd edition, EIPR

"The volume provides for scholars, students, practitioners and interested members of the public a concise negotiating history, text and article-by-article analysis of one of the Uruguay Round's most significant accomplishments in a single volume, along with detailed document lists and annexes... In short, Professor Gervais' book on TRIPS is a timely and useful volume, providing well-organised information and analysis of a WTO Agreement the understanding of which is critically important to any trade lawyer and scholar."
Review of 3rd edition, International Trade Law and Regulation

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