Yu, Peter K. --- "The Objectives and Principles of the TRIPS Agreement" [2010] ELECD 446; in Correa, M. Carlos (ed), "Research Handbook on the Protection of Intellectual Property under WTO Rules" (Edward Elgar Publishing, 2010)

Book Title: Research Handbook on the Protection of Intellectual Property under WTO Rules

Editor(s): Correa, M. Carlos

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781847209047

Section: Chapter 5

Section Title: The Objectives and Principles of the TRIPS Agreement

Author(s): Yu, Peter K.

Number of pages: 46

Extract:

5 The objectives and principles of the
TRIPS Agreement
Peter K. Yu*


Introduction
The Agreement on Trade-related Aspects of Intellectual Property Rights
(TRIPS Agreement) is one of the more controversial international intel-
lectual property agreements that have entered into force. Its negotiations
were highly contentious, and the perspectives of developed and less devel-
oped countries on the role of intellectual property protection and enforce-
ment remain far apart.
In recent years, less developed countries ­ including both developing
and least developed countries ­ have expressed their deep dissatisfaction
with the way the TRIPS Agreement has been interpreted and implemented.
They are also frustrated by the ongoing demands by developed countries
for protections that are in excess of what they promised during the TRIPS
negotiations ­ often through new bilateral and regional trade and invest-
ment agreements. As they claim, the Agreement as interpreted by their
developed trading partners and the additional TRIPS-plus demands
ignore their local needs, national interests, technological capabilities, insti-
tutional capacities, and public health conditions.1 These concerns and
frustrations eventually led to the establishment of a set of development
agendas at the World Trade Organization (WTO), the World Intellectual
Property Organization (WIPO), and other international fora.2
Although the TRIPS Agreement's one-size-fits-all ­ or, more precisely,
super-size-fits-all ­ approach is highly problematic, the Agreement
includes a number of flexibilities to facilitate development and to protect
the public interest. To safeguard these flexibilities, Articles 7 and 8
provide explicit and important objectives and ...