How Public Is the Public Domain? The Perpetual Protection of Inventions, Designs and Works by Trademarks

Abstract

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 national borders, some developing states have become global players, the terms of international competition have changed, and the intellectual property system faces increasing friction with public policies. Part I Revisiting the Policy Rationale of TRIPS -- Part II TRIPS as a Legal Framework: Which Geometry? -- Part III Systems Challenges.-Part IV TRIPS and Countervailing Principles -- Part V Exclusivity, Access and Innovation -- Part VI From Enforcing to Enhancing TRIPS.