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Chapter Summary

The first Recital (Rec. 1) of the Preamble encapsulates the fundamental purposes of the negotiating mandate that the Members bind themselves to when applying the TRIPS Agreement. It addresses the relationship between intellectual property rights and their enforcement on the one hand, and, on the other, trade as the guiding principle of the WTO, as it was viewed in the negotiations. Rec. 2 of the Preamble addresses fundamental regulatory aspects of the TRIPS Agreement which were important during its creation and should be realized with its application. Rec. 5 of the Preamble stresses the public interest in the protection of intellectual property, but relates here, notably, to the individual countries and their legal systems. Rec. 6 of the Preamble emphasizes the special needs of the least-developed country members (LDCs) which are understood as a sub-group of the developing country Members and are particularly addressed in many regulations.

Keywords: intellectual property; least-developed country members (LDCs); Preamble; TRIPS Agreement



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