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Article 27.2

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Chapter Summary

Negotiations on the text of Art. 27.2 Trade-Related Aspects of Intellectual Property Rights (TRIPS) proceeded relatively smoothly. The report on the negotiations also indicates that delegates agreed to replace the words "public order" with "ordre public". The French term was preferred because it can be understood in the sense of "public policy", whereas a translation such as "public order" would not permit such an interpretation. The requirements of Art. 27.2 must also be met cumulatively. Firstly, the commercial exploitation of the relevant invention must be prohibited, then the prohibition must be necessary in order to protect ordre public or morality, and finally the exclusion of patentability must not be made merely because the exploitation is prohibited by national law.

Keywords: Art. 27.2; commercial exploitation; morality; negotiations; patentability; public order

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