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The Objectives And Principles Of The Wto Trips Agreement: A Detailed Anatomy, Alison Slade
The Objectives And Principles Of The Wto Trips Agreement: A Detailed Anatomy, Alison Slade
Osgoode Hall Law Journal
Article 7 (Principles) and Article 8 (Objectives) are prominent within the text of the WTO TRIPS Agreement, yet have figured sparingly in the reasoning of the Dispute Settlement Body (DSB). This discrepancy is accentuated when considered in light of three key factors. First, the pioneering step taken by TRIPS negotiators to include broad declarations of intent within the operative text. Second, the 2001 reinforcement given to these provisions in the Doha Declaration on TRIPS and Public Health. Finally, the verbatim replication of these provisions within other international IP instruments, notably, the Trans-Pacific Partnership, the Anti-Counterfeiting Trade Agreement and the WIPO …
The Legal Protection Of Ideas, Grant Hammond
The Legal Protection Of Ideas, Grant Hammond
Osgoode Hall Law Journal
The received wisdom is that an idea as such is not legally protected. But now courts are embarking on a course which, at least in some respects, embraces the proposition that ideas will sometimes be protected. This essay suggests that these contemporary developments in the common law world should be regarded with disquiet. Courts are sanctioning the commercial exploitation of ideas in the face of an apparent desire of human beings to reduce every aspect of themselves to divisible, saleable commodities. Short term commercial gain is preferred to the timeless importance of ideas in the seamless web of humanity. This …