In the new fourth edition, Gervais added a number of initial proposals for the TRIPS rules as well as a much broader commentary. “Countries submit TRIPS disputes to the WTO, which has an international tribunal to make a decision on this matter,” Gervais said. “This tribunal had invoked the early drafts and all WTO members should have access to these projects, as should those trying to understand the scope and purpose of the agreement.” Gervais presented this new information in a grid that shows the differences in the rules that each nation had initially hoped the agreement would include the agreement, and the actual provisions of the final agreement. Gervais` initial TRIPS agreement, published in 1998, provided a detailed history of the development and creation of the agreement, highlighted important compromises negotiated for the creation of TRIPS, and provided detailed commentary on each part of the agreement. In later editions, published in 2003 and 2008, Gervais expanded the historical part of the book to discuss the main differences over TRIPS and their resolution. The text is divided into three parts in which the TRIPS agreement is reviewed and analysed. Part 1 describes the evolution of the TRIPS agreement, the second part is a comprehensive commentary on the 79 articles of the agreement, and the third part outlines the legal provisions, agreements and decisions that a practitioner may have to understand. Following extremely complex negotiations, which have established minimum standards for the international treatment of intellectual property, TRIPS remain the most comprehensive multilateral agreement on intellectual property to date. It has established an ongoing cooperative relationship between the World Intellectual Property Organization (WIPO) and the WTO, which manages the agreement. “The interpretation of the TRIPS agreement is essential for all cases involving international intellectual property rights,” Gervais said. Gervais worked within the framework of the treaty with GATT/WTO legal staff and immediately recognized the need for a detailed comment that would improve and strengthen the complex provisions of the TRIPS AGREEMENT.
“I was in the room as a member of the secretariat that facilitated the discussion, I heard the issues raised and I understood how and why the rules of the agreement were established,” he said. “I knew that lawyers and judges needed to understand the original intent of the rules set out in the TRIPS agreement and how those rules were established.” When he joined WIPO, he began to work seriously on the book. As far as country B products are concerned, the answer (under Lexmark) is yes. You will find here a PDF version of this article: A premium on parallel imports of Lexmark patents must be filed from one country to another.