Please use this identifier to cite or link to this item:
http://bura.brunel.ac.uk/handle/2438/8805
Title: | Good faith and the TRIPS agreement: Putting flesh on the bones of the TRIPS 'objectives' |
Authors: | Slade, A |
Keywords: | Article 7;General principles of law;Good faith principle;Legitimate expectations;Pacta sunt servanda;TRIPS agreement;Vienna Convention on the Law of Treaties;World Trade Organization |
Issue Date: | 2014 |
Publisher: | Cambridge University Press |
Citation: | International and Comparative Law Quarterly, 63(2), 353 - 383, 2014 |
Abstract: | The WTO Panel decision in United States–Section 211 Omnibus Appropriations Act 1998 provides an interesting, and as yet under-appreciated, explanation of the function of one of the most politically debated articles of the TRIPS Agreement—Article 7. This provision has received limited recognition from the Dispute Settlement Body of the WTO. Consequently, the Panel's interpretation of Article 7 as an expression of the good faith principle is noteworthy, and is one that is not disavowed by the Appellate Body. Not only does the Panel acknowledge Article 7 as an effective source of law within the international intellectual property system, but in doing so it introduces into the TRIPS Agreement legal concepts that are not explicit within the text. This has implications for the function of this provision and also for the nature of the obligations arising under the Agreement for Member States. This article analyses the potential significance of this development by defining the scope of the good faith principle within the TRIPS Agreement. Particular reference will also be made to the role Article 7, as an expression of the good faith principle, may have in the forthcoming WTO dispute against Australia and its law on plain packaging for tobacco products. |
Description: | This is the author's accepted manuscript. The final published article is available from the link below. Copyright @ 2014 Cambridge University Press. |
URI: | http://journals.cambridge.org/action/displayAbstract?fromPage=online&aid=9244415&fileId=S0020589314000098 http://bura.brunel.ac.uk/handle/2438/8805 |
DOI: | http://dx.doi.org/10.1017/S0020589314000098 |
ISSN: | 0020-5893 |
Appears in Collections: | Law Brunel Law School Research Papers |
Files in This Item:
File | Description | Size | Format | |
---|---|---|---|---|
Fulltext.pdf | 544.54 kB | Adobe PDF | View/Open |
Items in BURA are protected by copyright, with all rights reserved, unless otherwise indicated.