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Chapter Summary

In accordance with Article 72, any reservation made by a Member in respect of the effectiveness of any provision of the TRIPS Agreement requires approval in the sense of the prior consent of all other Members. Reservations are exceptions to individual provisions of the Agreement that take effect only between the Member establishing the reservation and the other Members. They do not affect the relationship of the other Members with each other. The provision aims at safeguarding the special interests of those Members who cannot fulfil the obligations arising out of the TRIPS Agreement in an individual case and who may be indemnified by way of a reservation. Article 72 is further clarified by the general provisions of the Vienna Convention on the Law of Treaties (VCLT).

Keywords: Article 72; reservation; TRIPS Agreement; VCLT



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