The general approach to the preparation of the Resource Book

The Resource Book is conceived as a practical guide to the TRIPS Agreement. It provides background and technical information with two broad objectives in mind: to facilitate an informed participation by developing countries in the ongoing negotiations on IPRs issues including the WTO and to assist national authorities, in general, in the implementation and adoption of IPRs policies in the broad context of growth and development. To achieve these objectives periodic updating of the Book will be required.

To achieve the above objectives, the Resource Book deals with each provision of the TRIPS Agreement, aiming at a thorough understanding of Members' rights and obligations. The purpose is to clarify the TRIPS implications for developing and least-developed countries, especially highlighting the areas in which the TRIPS Agreement leaves some leeway to WTO Members for the pursuit of their own policy objectives, according to their respective levels of development. In doing so, the Resource Book does not produce tailor-made prescriptions but gives guidance on the implications of specific issues and on the options available.

The methodology and analysis of individual TRIPS provisions

The TRIPS provisions are analysed according to the following structure:

1. Introduction: Terminology, Definition and Scope

This Section contains general observations to make the reader acquainted with the problems at issue.

2. History of the Provision

2.1 Situation pre-TRIPS. Shows if and how the subject-matter was dealt with prior to the TRIPS Agreement.

2.2 Negotiating History Explains the origin of the different positions adopted during the negotiations of the Uruguay Round and thus the background to the provisions of the TRIPS Agreement.

3. Possible Interpretations

Contains a technical analysis of the respective provision, providing, as far as possible, legal arguments for a development-friendly interpretation.

4. WTO Jurisprudence

Summarizes and analyses, in the light of the previous Section, those parts of panel and Appellate Body reports dealing with the respective provision. Highlights those interpretations that may serve developing country Members' interests in future disputes.

5. Relationship with other International Instruments

Specifies how the respective subject-matter is dealt with under other agreements and how this could influence the TRIPS Agreement.

6. New Developments

Provides for a comparison of the approaches taken by various legislations and provides, where possible, an outlook on new and emerging issues.

6.1 National Laws

6.2 International Instruments

6.3 Regional and Bilateral Contexts

6.4 Proposals for Review: Provides information on the latest stage of WTO negotiations on the respective subject-matter.)

7. Comments, including Economic and Social Implications

Provides additional information with respect to policy options and broad considerations on the possible economic and social implications of the analysed provisions.