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The Trips Agreement In The Ec And Its Member States, Applicability And Enforcement

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Chapter Summary

The question whether the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement is directly applicable in Community law and the domestic law of the Member States and whether individuals may rely on it before the courts of the European Convention (EC) and its Member States can be judged only in accordance with Community law and the domestic law of the Member States. In accordance with their nature, EC competences may be subdivided into exclusive and concurrent competences. An EC competence is exclusive if the Member States do not have the authority to take action irrespective of any concrete EC activities. The TRIPS Agreement is a mixed agreement in the field of intellectual property, involving as contracting parties apart from the EC all Member States and several other subjects of international law and falling within the shared and also the parallel external competence of the EC and its Member States.

Keywords: European Convention (EC); international law; Member States; TRIPS Agreement



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