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TRIPS competition flexibilities

Lidgard, Hans Henrik LU (2010) In Festskrift till Boel Flodgren
Abstract
International trade legislation and TRIPS in particulate contain elements of a competition law system. Flexibilities in the system leave substantial discretion to developing countries, which can apply these rules to counterbalance demands imposed on them by the IPR obligations contained in the Agreement. To create a reasonable balance, precise standards regarding competition law interpretation and enforcement is required. In spite of the mishaps with the Singapore issues in the Doha round, the WTO still provides the right forum for such discussions. Post-Doha it must be possible to re-establish the discussion. The way forward may well be a new Fair Trade Agreement under the WTO “umbrella”.
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author
organization
publishing date
type
Chapter in Book/Report/Conference proceeding
publication status
published
subject
keywords
competition law. flexibilities, international trade legislation, TRIPS, developing countries, internationell privaträtt, private international law
in
Festskrift till Boel Flodgren
publisher
Juristförlaget i Lund
language
English
LU publication?
yes
id
41647176-b2d3-4f04-868c-65efccb0a78a (old id 4001279)
date added to LUP
2013-08-26 13:19:07
date last changed
2016-07-06 08:28:44
@inbook{41647176-b2d3-4f04-868c-65efccb0a78a,
  abstract     = {International trade legislation and TRIPS in particulate contain elements of a competition law system. Flexibilities in the system leave substantial discretion to developing countries, which can apply these rules to counterbalance demands imposed on them by the IPR obligations contained in the Agreement. To create a reasonable balance, precise standards regarding competition law interpretation and enforcement is required. In spite of the mishaps with the Singapore issues in the Doha round, the WTO still provides the right forum for such discussions. Post-Doha it must be possible to re-establish the discussion. The way forward may well be a new Fair Trade Agreement under the WTO “umbrella”.},
  author       = {Lidgard, Hans Henrik},
  keyword      = {competition law. flexibilities,international trade legislation,TRIPS,developing countries,internationell privaträtt,private international law},
  language     = {eng},
  publisher    = {Juristförlaget i Lund},
  series       = {Festskrift till Boel Flodgren},
  title        = {TRIPS competition flexibilities},
  year         = {2010},
}