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DC Field | Value | Language |
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dc.contributor.author | Slade, A | - |
dc.date.accessioned | 2014-07-29T13:05:33Z | - |
dc.date.available | 2014-07-29T13:05:33Z | - |
dc.date.issued | 2014 | - |
dc.identifier.citation | International and Comparative Law Quarterly, 63(2), 353 - 383, 2014 | en_US |
dc.identifier.issn | 0020-5893 | - |
dc.identifier.uri | http://journals.cambridge.org/action/displayAbstract?fromPage=online&aid=9244415&fileId=S0020589314000098 | en |
dc.identifier.uri | http://bura.brunel.ac.uk/handle/2438/8805 | - |
dc.description | This is the author's accepted manuscript. The final published article is available from the link below. Copyright @ 2014 Cambridge University Press. | en_US |
dc.description.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. | en_US |
dc.language.iso | en | en_US |
dc.publisher | Cambridge University Press | en_US |
dc.subject | Article 7 | en_US |
dc.subject | General principles of law | en_US |
dc.subject | Good faith principle | en_US |
dc.subject | Legitimate expectations | en_US |
dc.subject | Pacta sunt servanda | en_US |
dc.subject | TRIPS agreement | en_US |
dc.subject | Vienna Convention on the Law of Treaties | en_US |
dc.subject | World Trade Organization | en_US |
dc.title | Good faith and the TRIPS agreement: Putting flesh on the bones of the TRIPS 'objectives' | en_US |
dc.type | Article | en_US |
dc.identifier.doi | http://dx.doi.org/10.1017/S0020589314000098 | - |
pubs.organisational-data | /Brunel | - |
pubs.organisational-data | /Brunel/Brunel Staff by College/Department/Division | - |
pubs.organisational-data | /Brunel/Brunel Staff by College/Department/Division/College of Business, Arts and Social Sciences | - |
pubs.organisational-data | /Brunel/Brunel Staff by College/Department/Division/College of Business, Arts and Social Sciences/Dept of Politics, History and Law | - |
pubs.organisational-data | /Brunel/Brunel Staff by College/Department/Division/College of Business, Arts and Social Sciences/Dept of Politics, History and Law/Brunel Law School | - |
pubs.organisational-data | /Brunel/University Research Centres and Groups | - |
pubs.organisational-data | /Brunel/University Research Centres and Groups/Brunel Business School - URCs and Groups | - |
pubs.organisational-data | /Brunel/University Research Centres and Groups/Brunel Business School - URCs and Groups/Centre for Research into Entrepreneurship, International Business and Innovation in Emerging Markets | - |
pubs.organisational-data | /Brunel/University Research Centres and Groups/School of Health Sciences and Social Care - URCs and Groups | - |
pubs.organisational-data | /Brunel/University Research Centres and Groups/School of Health Sciences and Social Care - URCs and Groups/Brunel Institute for Ageing Studies | - |
pubs.organisational-data | /Brunel/University Research Centres and Groups/School of Health Sciences and Social Care - URCs and Groups/Brunel Institute of Cancer Genetics and Pharmacogenomics | - |
pubs.organisational-data | /Brunel/University Research Centres and Groups/School of Health Sciences and Social Care - URCs and Groups/Centre for Systems and Synthetic Biology | - |
pubs.organisational-data | /Brunel/University Research Centres and Groups/School of Information Systems, Computing and Mathematics - URCs and Groups | - |
pubs.organisational-data | /Brunel/University Research Centres and Groups/School of Information Systems, Computing and Mathematics - URCs and Groups/Multidisclipary Assessment of Technology Centre for Healthcare (MATCH) | - |
Appears in Collections: | Law Brunel Law School Research Papers |
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Fulltext.pdf | 544.54 kB | Adobe PDF | View/Open |
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