Index

272

globalisation

definition

5n.8

glocalisation and

waves, globalising

–

globalism, methodological

glocal space in international intellectual property system

overview

–

border measures

criminal procedures

enforcement

–

gis

patent law

–

remedies, granting of

258

265

266

territoriality

–

153

trips

–

282

wto law

glocalisation

overview

autonomous concept of

–

14n.54

definition

1n.2

globalisation and

–

origin of

–

glocalism, methodological

Gobo, Giampietro

good faith principle

goodwill

government use

grapes

see also

geographical indications (gis)

;

wines

grobalization

–

guarantee marks

217n.9

see also see Australia – Plain Packaging ;

tobacco plain packaging (tpp) measures

;

trademark law

Habanos

237

–

238

healthcare

96n.1

see also

covid-19 pandemic

;

patent law

;

public health

Helfer, Laurence

heterogeneity of intellectual property standards

Holton, Robert

–

Honduras

honest practices

142

–

147

human development

hurdles, extra

icescr (International Covenant on Economic, Social and Cultural Rights)

210

idea/expression dichotomy

identical goods

154

identical signs

161

illegal copies see

pirated copyright goods

image rights

–

importation see also

exhaustion doctrine

border measures

compulsory licensing

patent law

prohibition of

seizure on

–

–

‘in the course of trade’ (trips Article 20)

–

inaction

independence of patents

see also

patent law

independent legal counsel

–

India

India – Patent Protection for Pharmaceutical and Agricultural Chemical Products

Indian Copyright Act

Indian Intellectual Property Appellate Board (ipab)

Indian Patents Act

–

indications of source

see also

geographical indications (gis)

Indonesia – Certain Measures affecting the Automobile Industry

industrial applicability

106

see also

patent law

industrial property

219

information, protection of undisclosed

–

see also

protection

infringement see also

enforcement of intellectual property rights

border measures

–

criminal procedures

–

destruction of infringing goods

–

deterrents against

–

–

disposal of infringing goods

–

intent

international agreements see specific agreements

International Convention for the Protection of New Varieties of Plants (upov Convention)

International Covenant on Economic, Social and Cultural Rights (icescr)

210

international exhaustion

261

see also

exhaustion doctrine

internationalism, methodological

Internet Protocol Television (iptv)

interpretation of treaties see also

Doha Declaration

;

meaning of terms, ordinary

;

trips Agreement, object and purpose of

;

Vienna Convention on the Law of Treaties (vclt)

fctc Guidelines

210

object and purpose of trips

111

subsequent agreements

–

–

inventions

–

inventive step

–

see also

patent law

ipab (Indian Intellectual Property Appellate Board)

136n.131

iptv (Internet Protocol Television)

Israel

126n.100

Japan

Johnson, Mark

judicial review of final administrative decisions

252

‘justifiability’ (trips Article 20)

190

203

205

Khondker, Habibul

Kur, Annette

Lakoff, George

Lange, Manfred

law enforcement

253

Lawson, Charles

171

225

learning materials

–

211

see also

least-developed countries

99n.9

see also

developing countries

legal counsel

255

–

256

legal interests

‘legal means’ (trips Article 22)

legal rights

–

legitimate interests

gis

–

patent law

–

–

trademark rights

–

lex specialis principle

267

Liang, Lawrence

licenses

–

–

‘limited exceptions’

–

–

–

Lisbon Agreement

–

literary and artistic works

local space in international intellectual property system

overview

–

exhaustion doctrine

globalisation and

–

glocal and

–

national treatment standard

‘local working requirements

129

–

136’

Lundstedt, Lydia

Madrid System

Malbon, Justin

mandatory standards

market exclusivity

–

marketing

Marrakesh VIP Treaty

74n.17

materials and implements

257

271

meaning of terms, ordinary see also

interpretation of treaties

;

trips Agreement, object and purpose of

;

Vienna Convention on the Law of Treaties (vclt)

overview

‘applied, to be’

276

–

279

criminal procedures

277

local working requirements

131

‘unjustifiability’

media content

274

–

278

medicines see

pharmaceutical products

Meitinger, Ingo

139

Mercurio, Bryan

micro-marketing

micro-organisms

minimum standards

misleading the public

233

moral rights of authors

most-favoured-nation (mfn) treatment standard

–

movies

musical works

naked licenses

names, personal

names, trade

Natco v. Bayer

National Car Programme

185

national development

national exhaustion

see also

exhaustion doctrine

national regulatory autonomy

–

193

208

–

209

national treatment standard

–

necessity

–

–

negative rights

neighbouring rights

‘new chemical entities’

138n.133

see also

patent law

;

pharmaceutical products

;

regulatory review exception

Nice Agreement

152n.10

non-discrimination principle

–

non-obviousness

–

see also

patent law

non-prejudice

162n.28

normal exploitation of patents

–

see also

patent law

normal exploitation of works

–

188n.107

see also

novelty

105

see also

patent law

object and purpose of trips see

trips Agreement, object and purpose of

object code

obligations

–

–

obstacles to use (trips Article 19)

182

Okediji, Ruth

online learning materials

see also

‘opportunities, effective equality of ’ (trips Article 3)

–

packaging see see Australia - Plain Packaging; tobacco plain packaging (tpp) measures; trademark law

pandemics

see also

public health

Paris Convention. see also

Berne Convention

;

Doha Declaration

;

trips Agreement

enforcement of intellectual property rights

248

gis

217

national treatment standard

patent law

–

101

130

132

territoriality

–

trademark law

–

–

unfair competition

–

–

–

passing off

Patent Cooperation Treaty (pct)

patent law

overview

–

exceptions to rights

106

–

exploitation of patents

–

glocal space in

international agreements

–

103

‘linkage, patent’

147n.158

local working requirements

130

132

non-discrimination principle

121

–

124

object and purpose of trips

patentability

–

regulatory review exception

–

120

stockpiling exception

109

–

term of patent protection

third parties

–

undisclosed information

–

Patent Law Treaty (plt)

penalties and criminal procedures

271

–

280

see also

enforcement of intellectual property rights

;

infringement

performers

personal names

244

pharmaceutical products. see also see Canada – Pharmaceutical Patents ;

patent law

;

regulatory review exception

overview

compulsory licenses

–

data exclusivity

–

generic drugs

non-discrimination principle

–

patentability

–

regulatory review exception

–

–

transition periods

phonograms

pirated copyright goods

–

see also

;

enforcement of intellectual property rights

;

infringement

place of origin

see also

geographical indications (gis)

plain packaging see see Australia - Plain Packaging; tobacco plain packaging (tpp) measures; trademark law

plants and plant varieties

positive rights

power relations

–

Preamble to trips Agreement

–

250

278

280

see also

trips Agreement

price discrimination

see also

discrimination

print-disabled people

74n.17

priority, right of

153

see also

patent law

programming languages

70n.4

prohibition of importation

219

221

248

see also

importation

proportionality

259

–

260

267

protection see also

enforcement of intellectual property rights

;

geographical indications (gis), protection of

appellations of origin

222

balanced approach to

–

–

glocal space in

mandatory standards

multicultural approach to

–

national treatment standard

patent, term of

trademarks

–

undisclosed information

–

protectionism

public health see also

pharmaceutical products

;

regulatory review exception

;

tobacco plain packaging (tpp) measures

healthcare

96n.1

object and purpose of trips

–

–

patent law

trademarks

–

public non-commercial use

125

public policy purposes

113

–

publicity, right of

purpose of trips see

trips Agreement, object and purpose of

quality

see also

geographical indications (gis)

quotations

reciprocity conditions

reflection/refraction

–

regional exhaustion

see also

exhaustion doctrine

regional trade agreements

24n.86

registration of trademarks. see

trademarks, registration of

regulatory autonomy, national

–

193

208

–

209

regulatory review exception

–

–

see also see Canada – Pharmaceutical Patents ;

patent law

;

pharmaceutical products

releasing of goods

–

–

see also

enforcement of intellectual property rights

;

infringement

remedies

–

–

see also

enforcement of intellectual property rights

removal of unlawfully affixed trademarks

269

–

271

see also

enforcement of intellectual property rights

;

infringement

;

trademark law

remuneration

128

reports on intellectual property protection

–

reproduction, right of

–

restrictions

182

see also

obstacles to use

;

trademark law

retail sale

–

189

revenue

–

Ricketson, Sam

right holders

–

253

–

254

269

see also

authors

;

third parties

;

trademark owners

rights management information (rmi)

–

Ritzer, George

–

Robertson, Roland

–

Roche Products Inc. v. Bolar Pharmaceutical Co.

107n.22

Roudometof, Victor

–

sale, point of

189

Saudi Arabia – Intellectual Property Rights

–

–

–

–

scientific experimentation

113

“second indication”

138n.133

see also

pharmaceutical products

seizure of goods

–

–

see also

enforcement of intellectual property rights

;

infringement

semi-conductor technology

Senftleben, Martin

service marks

see also see Australia – Plain Packaging ;

tobacco plain packaging (tpp) measures

;

trademark law

set-top boxes (STBs)

signs

–

–

similar goods

similar signs

Sinclair, Ian

Singapore

Singapore Treaty on the Law of Trademarks

152n.10

‘skilled in the art’

105

Slade, Alison

–

social welfare bodies

268

societal interests

191

196

see also

public health

socio-economic policies

source code

69n.4

‘Special 301 Report’

‘special requirements’ (trips Article 20)

–

–

spirits

–

see also

geographical indications (gis)

statutory consumer protection law

237

stbs (set-top boxes)

stockpiling exception

109

–

see also see Canada – Pharmaceutical Patents ;

patent law

;

pharmaceutical products

streaming of media

–

stylized word marks

see also see Australia – Plain Packaging ;

tobacco plain packaging (tpp) measures

;

trademark law

subsequent agreements

–

–

see also

trips Agreement, object and purpose of

;

Vienna Convention on the Law of Treaties (vclt)

subsequent practice

subsidies

sui generis laws

suspension of release

260

–

263

see also

enforcement of intellectual property rights

;

infringement

tariffs

38n.37

teaching

–

see also

Technical Barriers to Trade (tbt) Agreement

192

207

technological development

–

technological protection measures (tpms)

92n.70

–

technology, fields of

121

–

124

telle quelle privilege

153n.11

temporality

term of patent protection

16n.66

103

see also

patent law

territoriality

–

test data

–

textbooks

see also

third parties. see also

legitimate interests (of third parties)

patent law

–

regulatory review exception

106

–

108

three-step test (Berne Convention Article 9(2))

76n.22

three-step test (trips Agreement Article 13)

–

107

198

three-step test (trips Agreement Article 17)

178

three-step test (trips Agreement Article 30)

–

tobacco plain packaging (tpp) measures. see also see Australia – Plain Packaging ;

geographical indications (gis)

;

public health

;

trademark law

overview

–

alternative measures

–

distinctiveness

–

encumbrances

–

–

gis

–

–

object and purpose of trips

209

tpms (technological protection measures)

92n.70

–

trade barriers

trade names

154

248

‘trade, in the course of ’ (trips Article 20)

183

–

189

trademark law see also see Australia – Plain Packaging ;

counterfeit trademark goods

;

encumbrances

;

geographical indications (gis)

;

tobacco plain packaging (tpp) measures

overview

149

–

152

assignment of trademarks

–

213

cancelling of trademarks

–

distinctiveness

–

–

exceptions to rights

–

exclusive rights of trademark owners

–

gis

–

glocal space in

international agreements on

–

legitimate interests

–

licensing

–

national treatment standard

object and purpose of trips

–

Paris Convention

–

–

protection

–

–

use of trademarks

–

–

–

well-known trademarks

–

Trademark Law Treaty

trademark law, glocal space in

overview

anti-dilution laws

–

confusion, likelihood of

encumbrances

gis

licensing

ownership

public health

registration

third parties

use of trademarks

well-known trademarks

trademark owners

–

–

–

trademarks, registration of

gis

mandatory standards

protectable subject matter

–

time limits

use, requirement of

–

well-known status

–

traditional knowledge

180

214

see also

geographical indications (gis)

transfer of technology

–

transferring of businesses

transit, goods in

transition periods

treaties see interpretation of treaties; trips Agreement, object and purpose of; specific treaties

treatment no less favourable

–

trips Agreement see also

Berne Convention

;

Doha Declaration

;

Paris Convention

;

World Trade Organization (wto)

;

specific components of TRIPS Agreement, i.e. trademark law

Anell Draft

172

–

183n.92

global space in

–

glocal space in

–

negotiations on

–

–

Preamble to

–

250

278

280

trips Agreement, object and purpose of

role in interpretation

–

role in implementation

–

enforcement of intellectual property rights

patent law

–

–

public health

–

–

wto adjudication, overview of

trips-Plus standards

Tyagi, Mitali

Ullrich, Hans

‘Understanding on Rules and Procedures governing the Settlement of Disputes’

283

undisclosed information, protection of

–

see also

protection

unfair competition

–

–

–

–

United International Bureaux for the Protection of Intellectual Property (birpi)

United States

147

171

216

United States – Appropriations Act

–

–

–

United States – Import Prohibition of Certain Shrimp and Shrimp Products

United States – Section 110(5) of the US Copyright Act

–

United States Copyright Act

75n.20

United States Trade Representative (ustr)

‘unjustifiability’ (trips Article 20)

190

203

205

see also

meaning of terms, ordinary

upov Convention (International Convention for the Protection of New Varieties of Plants)

urgency, circumstances of extreme

125

Uruguay Round of negotiations

–

use of trademarks

–

–

–

see also

trademark law

Vienna Agreement

152n.10

Vienna Convention on the Law of Treaties (vclt) see also

meaning of terms, ordinary

;

trips Agreement, object and purpose of

object and purpose of trips

111

preparatory work

135

subsequent agreements

–

191

–

192

visual perceptibility

156

visually impaired people

74n.17

voluntary licenses

125

waiver mechanism (trips Article 31bis)

127

well-known trademarks

154

167

–

see also

trademark law

West, Global

‘wilful’ counterfeiting/piracy

wines

–

see also

geographical indications (gis)

wipo Copyright Treaty (wct)

–

wipo Performances and Phonograms Treaty (wppt)

word marks

see also see Australia – Plain Packaging ;

tobacco plain packaging (tpp) measures

;

trademark law

working requirements, local

129

–

World Intellectual Property Organization (wipo)

168n.43

173n.60