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Articles 7 and 8 of the TRIPS A greement: A Force for Convergence within the International IP System
Author(s) -
Slade Alison
Publication year - 2011
Publication title -
the journal of world intellectual property
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.334
H-Index - 8
eISSN - 1747-1796
pISSN - 1422-2213
DOI - 10.1111/j.1747-1796.2011.00429.x
Subject(s) - intellectual property , trips architecture , trips agreement , enforcement , convergence (economics) , treaty , political science , public policy , law and economics , international trade , business , sociology , economic growth , economics , law , engineering , transport engineering
Articles 7 and 8 of the A greement on T rade‐ R elated A spects of I ntellectual P roperty R ights ( TRIPS A greement) provide express recognition for policy objectives that are fundamental to international intellectual property ( IP ) protection. Not only do they identify the goals of technological innovation and dissemination, but they also acknowledge the wider public interest agenda behind the TRIPS A greement. While Articles 7 and 8 have acquired influence at a policy level through the D oha M inisterial D eclaration and the D eclaration on TRIPS and P ublic H ealth, their use within the W orld I ntellectual P roperty O rganisation ( WIPO ) D evelopment A genda and the A nti‐ C ounterfeiting T rade A greement ( ACTA ) has resulted in both an enhanced status within the wider policy arena and an enhanced legal significance, most notably in discussions on enforcement. By transcending treaty and forum boundaries, these provisions not only influence interpretative practice, they also encourage a convergence of policy objectives that facilitates greater coherency within the international system, and links IP with other areas of socio‐economic importance. In other words, Articles 7 and 8 are poised to provide the foundation for a new legal and policy perspective on international IP regulation that is fully supportive of social as well as economic development in all participating nations.