Wednesday, April 24, 2019
International Intellectual Property


About the Book

Link to Aspen Publishers

A comprehensive introduction to the global system regulating the field of intellectual property rights, with an emphasis on how the treatment of IP affects a broad range of social and political interests.


  • An informative look at the roles of various multilateral organizations in the regulation of intellectual property rights, including the World Intellectual Property Organization (WIPO) and the World Trade Organization (WTO), and how organizations regulating important subject matter fields, such as the Food and Agriculture Organization (FAO) and World Health Organization (WHO), are involved
  • Balanced coverage of both the technical aspects of IP practice, and the context in which decisions are made and carried out
  • Discussion and analysis of regional organizations, such as the European Union (EU), the European Patent Office (EPO) and the African Regional Intellectual Property Organization (ARIPO),
  • A guide to the network of multilateral and regional trade agreements within the intellectual property rights system, including the mechanisms for their implementation
  • An emphasis on the importance of technology developments in IP, with explicit discussion of how the international IP system may be adapting to pressures for change
  • Dynamic pedagogy that includes author-written text, engaging cases, excerpts from treaties and scholarship, notes, questions, and problems
  • Case decisions representing different national, regional, and multilateral courts and dispute settlement bodies that illustrate the application of legal principles
  • A comprehensive Teacher’s Manual that provides detailed teaching notes, several sample syllabi, and sample final exam questions and answers

Updated throughout, the Second Edition offers new coverage of:

  • The push by IP owners for stronger enforcement measures—and the push back, as reflected in:
  • The China-Enforcement case at the WTO
  • Seizure of generic pharmaceuticals in transit by EU customs authorities based on alleged patent infringement
  • Initiation of WTO dispute settlement consultations by India and Brazil
  • Proceedings before the Court of Justice of the European Union to address jurisdiction over "external transit" and counterfeit trademark goods
  • Negotiations on the Anti-Counterfeiting Trade Agreement (ACTA), the proposed strengthening of border measures and the role of the TRIPS Council
  • Progress on the Work Program of the WIPO Development Agenda
  • Developments in Europe
    • Entry into force of the Lisbon Treaty for the European Union: changes to the allocation of IP competences between the EU and its Member States
    • The Neverending Story of the Community Patent: will it finally bear fruit?
  • Developments in the United States
    • Costco v. Omega (on the parallel import of copyrighted works)
    • Bilski v. Kappos (on business method patents)
    • AMP v. USPTO  (on the patentability of genetic information from an international perspective)
  • The evolving IP landscape in China and India
  • The evolving role of IP in addressing Climate Change

Global Pharmaceutical Policy


About the Book (GPP)

Available on Google Play

Link to Edward Elgar Publishing

Contents: Preface 1. The Challenges we Face 2. Promoting Innovation: Patents, Subsidies, Prizes and Prices 3. Policies on Innovation: Past, Present and Future 4. The Global Regulatory Environment: Quality, Safety and Efficacy 5. Medicines for the Developing World 6. The Use of Medicines: Education, Information and Persuasion 7. Regulation and the Role of the Courts 8. Specialized Policy Areas: Vaccines, Biologicals and Blood Products; Alternative and Traditional Medicines; Self-Medication; Counterfeit Medicines 9. The Rich, the Poor and the Neglected 10. Global and Regional Policies: The Way Ahead Index

Further information

‘There is a strong argument that people throughout the world have a right to receive the medicines they need in an appropriate, affordable, and timely way. Global Pharmaceutical Policy describes the laws, policies, and customs relating to the development and provision of medicines, identifies their strengths and weakness, and then proposes global solutions for getting things better. Here is a masterpiece written in a clear and elegant style. Together, Dukes and Abbott have experience and insight that are unrivalled.’
– Joe Collier, Emeritus Professor of Medicines Policy, St George’s, University of London, UK

Pharmaceuticals play a central role in health care throughout the world. The pharmaceutical industry is beset with difficulties as increasing research and development expenditure yields fewer new treatments. Public and private budgets strain under the weight of high prices and limited access. The world’s poor see little effort to address diseases prevalent in less affluent societies, while the world’s wealthy are overusing prescription drugs, risking their health and wasting resources.

As the global economic crisis exacerbates pressure on health care budgets, a new presidential administration in Washington, DC has committed to broad health care reform. These circumstances form the backdrop for this extraordinarily timely examination of the global system for the development, production, distribution and use of medicines. The authors are acknowledged experts in the fields of pharmaceutical law and policy, with many years experience advising governments, multilateral organizations and policy-makers on issues involving innovation, access and use of medicines. Supported by a team of independent scientists, doctors and lawyers, they take an insightful look at the issues surrounding global regulation of the pharmaceutical sector, and offer pragmatic suggestions for reform.

This book will be of interest to government policy-makers, members of industry, healthcare professionals, teachers, students and lawyers in the fields of public health, intellectual property and international trade.

UNCTAD-ICTSD Resource Book


About the Book (RBTD)

Frederick M. Abbott and Carlos Correa, Principal Consultants

From the Acknowledgments:

"Frederick Abbott (Edward Ball Eminent Scholar Professor, Florida State University
College of Law) and Carlos M. Correa (Professor, Director of the Masters Programme
on Science and Technology Policy and Management, University of Buenos Aires) are
the principal consultants and overall advisers of this work."

Free Online Text Download

Cambridge Press hardcopy link

"This is conceived as a guide that will provide background and technical information on the main issues under discussion in TRIPS. It should be a practical tool for negotiators and policymakers in order to facilitate their informed participation in negotiations and decision-making processes."

Trade and Human Rights


About the Book (ITHR)

Eds. Frederick M. Abbott, Christine Breining-Kaufman, Thomas Cottier

From the publisher:

Link to University of Michigan Press

International Trade and Human Rights
Foundations and Conceptual Issues (World Trade Forum, Volume 5)(2005)

Frederick M. Abbott, Christine Breining-Kaufmann and Thomas Cottier, Editors
Michelle Foster and Thomas Fischer, Associate Editors 

The World Trade Forum 2001 on Trade and Human Rights addressed the most controversial issues in the debate on globalization


Presenting a selection of the papers discussed at the World Trade Forum, this volume focuses on a developing area of international law certain to become increasingly important in the years to come, as both scholarship and jurisprudence continue to explore the boundaries of the intersection of the two fields. International Trade and Human Rights addresses the relationship between human rights and international trade from a unique and important interdisciplinary perspective.

The missing link between the international trade regime and human rights has become one of the key concerns of critics of the WTO. The World Trade Forum 2001 at the World Trade Institute in Berne provided a unique framework for considering the manifold issues relevant to this topic. This book goes beyond listing the arguments for or against globalization and offers recommendations to the international community for possible reforms to better account for the human rights interests affected by the globalization process.

Frederick M. Abbott is the Edward Ball Eminent Scholar Professor of International Law, Florida State University College of Law.

Christine Breining-Kaufmann is Professor of Law, University of Zurich and Senior Research Fellow and Board Member, World Trade Institute, Berne.

Thomas Cottier is Managing Director of the World Trade Institute and Professor of Law, University of Berne.

ISBN: 978-0-472-11535-8 

International International Intellectual Property System


About the Book (IIPS)

The International Intellectual Property System: Commentary and Materials (Two Volumes) (Kluwer Law International 1999)

Frederick M Abbott, Thomas Cottier & Francis Gurry

Link to

From the publisher:

The 1990s will be remembered as an era of prodigious expansion in world trade. Suddenly—for reasons encompassing irresistible new on-line technology, a vastly greater geographic reach, and sheer volume of goods and services—the old intellectual property (IP) laws and protocols long respected by international business became woefully inadequate.

As a result, this masterful introduction to the new global regime of IP law fills an urgent need. Immediately recognized as the landmark work in its field, The International Intellectual Property System gives business lawyers everywhere the organized materials and expert commentary they need to protect IP rights on a global scale—and provides law students with an authoritative annotated survey of the relevant conventions, treaties, and laws both regional and national, as well as significant court interpretations in various jurisdictions.

The book offers in-depth analysis of:

• current international norms in the fields of patent, copyright, and trademark rights
• national and most favored treatment in the granting of IP rights
• regulation of IP rights in the European Union (EU)
• enforcement under international legal instruments as well as under EU and US laws
• such emerging areas as governance of IP rights on the Internet and in electronic commerce

China in the World Trading System


About the Book (CWTS)

Edited by Frederick M. Abbott

Link to Google Books

China's constructive integration into the world trade & economic system is of the utmost importance to the people of Asia, to the United States & other OECD countries, & to the international community as a whole. The Chinese economy of decades past; under the rigid domination of state planners & isolated from the outside world; is substantially transforming to market orientation & openness to trade. The future path of the Chinese economy, now the second largest in the world, will strongly influence the path of economic development in the Asia-Pacific region, & with it the path of the world trading system. This book brings together leading international trade law & economics experts, government officials responsible for the formulation & implementation of trade policy with China, & business executives at firms with significant interests in China, to consider the future of trade policy for & with China. The World Trade Organization (WTO) stands firmly as the third pillar of the system of international institutions designed to promote a world of peace, financial stability, & economic development. This book focuses on China's prospective accession to the WTO; a step that would commit China to following the rule of law in international trade. The terms of China's accession will provide guideposts for accessions by other former command economy countries, including Russia. Bringing China into the WTO system is vital to the WTO & to the future of world trade. So too is assuring that the accession is accomplished in a way that preserves the open character & rule orientation of the system. 'China's entry into the WTO is a major issue in Sino-American relations. This volume provides a valuable guide to the issues at stake from European & American perspectives & makes several useful policy recommendations. The volume should be read by all interested in China's integration into the international economy.' Michel Oksenberg, Senior Fellow & Professor of Political Science, Asia/Pacific Research Center, Stanford University 

Public Policy and Global Technological Integration


About the Book (PPGTI)

Public Policy and Global Technological Integration

F.M. Abbott & D. J. Gerber eds., Kluwer Law International (1997)

Link to

From the publisher


New technologies are developing at a tremendous pace. They transform global political, economic, and social relations in ways that often present unique challenges to public policymakers who must plan for the future in a landscape subject to the constant changes of global technological integration.

The World Trade Organization (WTO) faces these challenges in the context of regulating world trade, particularly in implementing the agreement on trade-related aspects of intellectual property rights (TRIPS). The World Intellectual Property Organization (WIPO) must adapt to the challenges in regulating intellectual property rights and in promoting the development of technological infrastructure.

Governments and international organizations such as the Organization for Economic Cooperation and Development (OECD) and the European Commission are concerned with the impact of technological integration on global and regional competitive environments. The result: Numerous proposals for protecting the process of competition have emerged.

These proposals would consider the rapidly changing nature of the world economy, the key role played by technological integration, and potential concerns raised by the concentration of ownership of technology.

Public Policy and Global Technological Integration examines the relationship between the legal systems governing international trade, intellectual property rights, and international competition, and offers ideas about their future.

This book brings together some of the world's most respected authorities in the fields of trade, competition, and intellectual property regulation to reflect on the future of public policy in an era of global technological integration. Its authoritativeness and topicality make it a contribution of particular importance.

Law of Regional Integration


About the Book (LPRI)


In hardcover and paperback

link to Wolters Kluwer

link to

From the publisher:

The publication of Frederick Abbott's new book could not be more timely. The impact of the NAFTA on the North American marketplace has clearly manifested itself over the past year and the emergence of the World Trade Organization (WTO) as the regulator of global commerce will have a profound influence on the conduct of international trade.

This book provides a comprehensive approach to the study of the NAFTA and its implications for the global trading system. It covers the political and legal process of NAFTA approval as well as the NAFTA's potential economic impact. Detailed analysis is given to the NAFTA rule systems, dispute settlement mechanisms, and environmental implications.

Perhaps most importantly, this book situates the NAFTA into the broader global multilateral trading system now to be embodied in the WTO. It examines the legal rules of the WTO designed to regulate the activities of regional integration arrangements. It considers the potential for conflict between the rules and trade policies of the WTO and those of the NAFTA. This book holds a strong appeal for practitioners and academics interested in international economic law.

This book is the first volume in the new NAFTA LAW AND POLICY series. This series will include high-quality studies of different aspects of NAFTA, including legal analysis and commentary on the Agreement. Among the numerous areas that will be covered in the series are NAFTA topics as diverse as agriculture, dispute settlement, environment, intellectual property rights, investment, and labour.

Parliamentary Participation


About the Book (PPMOT)

Edited by Stefan A. Riesenfeld and Frederick M. Abbott

Awarded the 1995 American Society of International Law "Certificate of Merit for High Technical Craftsmanship"

From the publisher:

This book represents the culmination of a project initiated in 1990 which brought together a distinguished group of judges, scholars and government officials to address the role of parliaments in the making and implementation of international treaty law.

Treaties are increasingly employed to define the rights and obligations of individuals in the field of human rights, to regulate the participation of persons (both individual and corporate) across the broad spectrum of economic activity within and across national boundaries, as well as to control human activity as it impacts on the environment. These are matters which historically were largely within the regulatory competence of national authorities, but now are increasingly the subject of international legislation. But the role of the parliament with respect to the making of international legislation has remained substantially confined within a customary historical model.

For the past several centuries, the national executive has played the principal role in the initiation, negotiation, conclusion and operation of treaties. The parliament's role has been secondary, being largely confined to the approval or rejection of engagements proposed by the executive. Over the past decades there has been a movement in a number of countries toward a more active role for parliament, particularly with respect to demands to provide guidance to the executive. Nevertheless, while the historical distribution of treaty powers may remain appropriate in traditional areas of executive prerogative (for example, in the realm of political relations and national security), one must question the extent to which increased parliamentary participation is adequate in relation to the making of international law by treaty, particularly when the treaty is an instrument with national legislative effects.

This volume is an important and timely resource for those who wish to pursue the question of the actual or desirable role of parliaments in the making and operation of treaties.

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