“Exhaustion of intellectual property rights” means that right holders lose the right to control the resale of the protected goods. Without an exhaustion doctrine IPR holders would perpetually exercise control over the sale, transfer or use of the relevant goods, and would have a grip on...

The number of countries that grant intellectual property rights (IPRs) to agricultural products and processes is growing. Such a move has been prompted by the adoption of two major international treaties, i.e. the UPOV Convention and the TRIPs Agreement. However, the use of IPRs in crop breeding...

In 2012, Australia became the world’s first nation to introduce plain packaging for tobacco products.This public health measure has been challenged in a number of fora, including at the WTO. This chapter focuses on the intellectual property issues of the WTO dispute, and specifically deals...

Culinary creations involve various elements - the recipe per se, the expression of the recipe in textual or other form, the process of preparing the dish, and the presentation, or ‘plating,’ of the dish. Accordingly, a distinction is to be made between rights applicable to food presentation...

This chapter is the introduction to the book "The New Intellectual Property of Health - Beyond Plain Packaging", which provides the first legal and policy analysis of the intellectual property (IP) aspects of a rapidly growing category of regulatory measures affecting the presentation of certain...

The article first highlights the poor results obtained by the 2009 Copenhagen Conference with reference to Environmentally Sound Technologies (ESTs), particularly climate technologies. It stresses that in the Copenhagen Accord there is no specific reference to intellectual property rights (IPRs)...

This article addresses the EC legislation on customs action against goods suspected of infringing intellectual property rights (IPR) and in particular Council regulation (EC) No 1383/2003 of 22 July 2003. Preliminarily, it deals with the impact of counterfeiting activity and the ways counterfeit...