TY  - BOOK
AU  - Mukherjee,Santanu
TI  - Patent Exhaustion and International Trade Regulation
T2  - International Law E-Books Online, Collection 2023
SN  - 9789004542808
AV  - K1402 
U1  - 346.04/8 23
PY  - 2023///
CY  - Leiden, Boston
PB  - Brill | Nijhoff
KW  - Foreign trade regulation
KW  - Intellectual property (International law) 
KW  - Patent extensions
N1  - Includes bibliographical references and index; Preliminary Material; Santanu Mukherjee -- Copyright Page; Santanu Mukherjee -- Foreword; Ambassador Dr. Mohan Kumar -- Preface; Thomas Cottier -- Acknowledgments; Santanu Mukherjee -- Abbreviations and Acronyms; Santanu Mukherjee -- Introduction; Santanu Mukherjee -- Chapter 1 Intellectual Property Rights and Patents: Introduction to Intellectual Property Rights; Santanu Mukherjee -- Chapter 2 Ubiquity and Exhaustion Doctrine: Ubiquity in Patents; Santanu Mukherjee -- Chapter 3 Economics of Patents and Economic Rationale for Exhaustion in Relation to International Trade; Santanu Mukherjee -- Chapter 4 Evolution of Exhaustion: Patent Exhaustion in Different Jurisdictions; Santanu Mukherjee -- Chapter 5 Exhaustion and Parallel Trade: Patent Exhaustion; Santanu Mukherjee -- Chapter 6 TRIPS Agreement: The Negotiating History of the TRIPS Agreement and Patent Exhaustion; Santanu Mukherjee -- Chapter 7 GATT 1994 and Exhaustion; Santanu Mukherjee -- Chapter 8 General Agreement on Trade in Services and Its Interface with Patent Exhaustion; Santanu Mukherjee -- Chapter 9 Free Trade Agreements and Exhaustion: Different Regional Trade Agreements; Santanu Mukherjee -- Chapter 10 Patents and Public Health: Patents and Access to Medicines - The Exhaustion Dimension; Santanu Mukherjee -- Chapter 11 Exhaustion and Competition Policy: Patent Exhaustion and Its Relation with Competition Law and Policy; Santanu Mukherjee -- Chapter 12 Conclusion and Recommendation: Adoption of International Exhaustion of Patents, Globally; Santanu Mukherjee -- Bibliography; Santanu Mukherjee -- Legal Texts and WTO Documents; Santanu Mukherjee -- List of Cases; Santanu Mukherjee -- Websites; Santanu Mukherjee -- Index; Santanu Mukherjee
N2  - This book dives into the legal and economic rationale of patent exhaustion, studying its evolution from the beginning in Germany, UK and USA, to Japan and 10 developing countries. The author also analyses exhaustion under TRIPS, GATT, GATS and major regional agreements, including the EU, before assessing the interface of patent exhaustion with competition policy. The book also addresses public policy concerns of Least developed and developing countries linked to their IPR challenges as IP users. It concludes that an appropriate exhaustion mode under relevant legal measures would protect patents while also restraining patents to become non-tariff barriers. The open access publication of this book has been published with the support of the Swiss National Science Foundation.
UR  - http://dx.doi.org/10.1163/9789004542815
ER  -