Bericht
Interpreting the flexibilities under the TRIPS agreement
While the TRIPS Agreement provides for minimum standards of protection of intellectual property, it leaves a certain degree of policy space for WTO members, whether developed or developing countries, to implement the Agreement's provisions in different manners, to legislate in areas not subject to the minimum standards under the Agreement, and to develop legal interpretations of such provisions to determine the scope and content of the applicable obligations. This paper focuses on some aspects of how panels and the Appellate Body of the WTO have interpreted said provisions. The paper also draws general conclusions for the implementation of TRIPS flexibilities, which are of crucial importance for the design of a pro-competitive intellectual property system and, in particular, for achieving public health objectives, as specifically recognized by the Doha Declaration on TRIPS and Public Health.
- Language
-
Englisch
- Bibliographic citation
-
Series: Research Paper ; No. 132
- Classification
-
Sozialwissenschaften, Soziologie, Anthropologie
- Subject
-
Appellate Body
Biologics
Bolar
Competition Law
Compulsory Licenses
Disclosure
Doha Declaration on the TRIPS Agreement and Public Health
Flexibilities
GATT
Government Use
Intellectual Property
Intellectual Property Rights (IPRs)
IP Enforcement
Least Developed Countries (LDCs)
Parallel Importation
Patent
Patentability Criteria
Public Health
Research Exception
Security Exception
Test Data Protection
TRIPS
World Trade Organization (WTO)
- Event
-
Geistige Schöpfung
- (who)
-
Correa, Carlos María
- Event
-
Veröffentlichung
- (who)
-
South Centre
- (where)
-
Geneva
- (when)
-
2021
- Handle
- Last update
-
10.03.2025, 11:44 AM CET
Data provider
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ZBW - Deutsche Zentralbibliothek für Wirtschaftswissenschaften - Leibniz-Informationszentrum Wirtschaft. If you have any questions about the object, please contact the data provider.
Object type
- Bericht
Associated
- Correa, Carlos María
- South Centre
Time of origin
- 2021
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