The TRIPS Regime of Patents and Test Data provides the best practical commentary on the TRIPS Agreement related to patents and test data. This fifth edition, in which the author has revised the entire text and updated various arguments, continues to articulate with unmatched clarity the specific steps that a government or a company must take, in a wide variety of possible contexts, to ensure that its patent-related obligations under TRIPS are met. This book is presented in an article-by-article format, following the TRIPS Agreement itself as it relates to patents and test data. In this way, the author’s incisive analysis covers every issue likely to arise in today’s patent and test data administrative and legal practice.

This pre-eminent work covers areas such as the following:

the significance of the recent entry into force of Article 31bis;
recent developments in the enforcement of patent rights in the context of competition law;
the potential effects of Brexit and the new protectionist inclination of US trade policy;
expanded commentary on trade secrets and test data under Article 39;
alternate ways (the so-called flexibilities) to transpose TRIPS obligations into national law; and
the use of standards of intellectual property protection as a bargaining chip in international trade and their impact on public policies.

This book contains a practical explanation of the patent-related TRIPS provisions, how they should be reflected in national law, and how courts are expected to enforce them. As the TRIPS Agreement has a direct impact on the daily activities of corporations, governments, and consumers, this book serves as a handbook for practitioners to understand the multilateral scenario concerning the protection of inventions and test data, with a natural repercussion on national legal regimes. For these reasons and more, this fifth edition is a crucially important resource for patent and public health lawyers seeking compliance as well as for government officials charged with the implementation of TRIPS obligations