Please use this identifier to cite or link to this item: http://hdl.handle.net/2381/41153
Title: The Objectives and Principles of the WTO TRIPS Agreement: A Detailed Anatomy
Authors: Slade, Alison
First Published: 19-Aug-2016
Publisher: Osgoode Hall Law School
Citation: Osgoode Hall Law Journal, 2016, 53 (3), pp. 948-998 (50)
Abstract: Article 7 (Principles) and Article 8 (Objectives) are prominent within the text of the WTO TRIPS Agreement, yet have figured sparingly in the reasoning of the Dispute Settlement Body (DSB). This discrepancy is accentuated when considered in light of three key factors. First, the pioneering step taken by TRIPS negotiators to include broad declarations of intent within the operative text. Second, the 2001 reinforcement given to these provisions in the Doha Declaration on TRIPS and Public Health. Finally, the verbatim replication of these provisions within other international IP instruments, notably, the Trans-Pacific Partnership, the Anti-Counterfeiting Trade Agreement and the WIPO Development Agenda. Taken together, these factors compel a greater investigation into the meaning and application of Articles 7 and 8. This article aims to contribute to this enquiry by exposing the individual elements of each provision to a detailed textual analysis. As will be demonstrated, necessity, reasonableness, consistency and good faith are legal principles found within Articles 7 and 8. Additionally, these provisions recognise a pivotal interpretative principle—that of national regulatory autonomy. This includes, but goes beyond, deference to national policy choices, to recognising a state-centric method of calibration that must guide the application of TRIPS and any other agreement within which they are incorporated.
ISSN: 0030-6185
Links: http://digitalcommons.osgoode.yorku.ca/ohlj/vol53/iss3/6
http://hdl.handle.net/2381/41153
Version: Publisher Version
Status: Peer-reviewed
Type: Journal Article
Rights: Copyright © the authors, 2016. This is an open-access article distributed under the terms of the Creative Commons Attribution-Non Commercial-No Derivatives License (http://creativecommons.org/licenses/by-nc-nd/4.0/), which permits use and distribution in any medium, provided the original work is properly cited, the use is non-commercial and no modifications or adaptations are made.
Appears in Collections:Published Articles, School of Law

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