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8 The Trips Agreement, Particularly Patent Protection

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Chapter Summary

This chapter provides a detailed presentation and analysis of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement. The TRIPS Agreement is understood in the context of the whole WTO Agreement, including the system for dispute settlement. The terms of an international treaty shall be interpreted in their context, and the Agreement establishing the WTO (‘WTO Agreement’) and the other multilateral trade agreements comprise this context, in accordance with the Vienna Convention on the Law of Treaties (VCLT), Articles 31.1 and 31.2 of the TRIPS. The drafting of TRIPS is also analyzed, before an in-depth analysis of relevant provisions regulating patent protection. Finally, the chapter explains provisions, implementation and enforcement of TRIPS.

Keywords: dispute settlement system; patent protection; TRIPS Agreement; VCLT; WTO



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