Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here


Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

Art. 8 can be seen as a corrective of this basic principle. Many Members feared that the strengthening of intellectual property rights by the means of Trade-Related Aspects of Intellectual Property (TRIPS) might hamper their efforts to fight potential cases of abuse. It contains independently applicable law in the form of a framework provision that leaves the Members a wide margin of discretion for implementation. According to Art. 8.1's wording, the term "measures" could also encompass decisions of national authorities and courts. The term "sectors of vital importance to socio-economic and technological development" lends itself to broad interpretation. It comprises all economically and socially relevant areas of life, excluding only health and nutrition, which are dealt with separately by Art. 8.1.

Keywords: basic principle; health; nutrition; TRIPS



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    WTO - Trade-Related Aspects of Intellectual Property Rights — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation