The General Exception Clauses of the TRIPS Agreement : Promoting Sustainable Development.

Cover; The General Exception Clauses of the TRIPS Agreement: Promoting Sustainable Development; Title; Copyright; Dedication; Contents; List of tables; Acknowledgements; Table of cases; Brazil; Canada; Court of Justice of the European Union (formerly European Court of Justice); European Court of Human Rights; France; GATT Panel Reports; India; Inter-American Commission of Human Rights; Inter-American Court of Human Rights; International Court of Justice; Israel; Permanent Court of Arbitration; South Africa; United States of America; World Trade Organization.

Treaties, Declarations and ResolutionsStatutes; Abbreviations; 1: Introduction; 1.1 Relationship between sustainable development and access to knowledge; Access to technologies; Access to knowledge condensed into literary and scientific works; Access to the ornamental plastic form of durable goods; Access to the identification signs used by companies and their products and services; 1.2 Role of intellectual property rights in restricting access to knowledge; 1.3 Purpose and plan of the work; 1.4 Methodological approach.

Part I: Determining the normative meaning of the general exception clauses of the TRIPS Agreement2: The customary rules of treaty interpretation and the elements in light of which the general exception clauses of TRIPS should be interpreted; Introduction; 2.1 Ordinary meaning attributable to the terms of the treaty; 2.2 Principle of good faith; 2.2.1 Principle of effectiveness in the interpretation of treaties; 2.2.2 Doctrine of abuse of rights; 2.3 Object and purposes of the WTO system and the TRIPS Agreement; 2.3.1 General objectives of the WTO system.

2.3.2 Specific objectives of the TRIPS Agreement2.3.3 Article 8 of the TRIPS Agreement and the guiding principles of the general exception clauses; 2.4 Context of the general exception clauses of the TRIPS Agreement; 2.4.1 Interpretative agreements and subsequent State practices; 2.4.2 Rules of international law applicable in the relations between the parties; 2.5 Supplementary means of interpretation; 3: Determining the normative meaning of arts. 17, 26(2) and 30 of the TRIPS Agreement; 3.1 Introduction; 3.2 Art. 30 TRIPS according to Canada -- Pharmaceutical Patents.

3.2.1 The first step of the test of art. 303.2.2 The second step of the test of art. 30; 3.2.3 The third step of the test of art. 30; 3.2.4 Obstacles created by Canada -- Pharmaceutical Patents; 3.3 Reframing the meaning of art. 30 in the light of the treaty interpretation rules of the VCLT; 3.3.1 The first step of the test; 3.3.2 The second step of the test; 3.3.3 The third step of the test; 3.3.4 Summary of the normative meaning of art. 30 resulting from the application of the general rule of interpretation of the VCLT.

3.4 Assessment test of the legitimacy of exceptions to the rights conferred by trademarks (art. 17).

An examination of the policy room made available by the general exception clauses of the TRIPS Agreement.

Print version record.

Includes bibliographical references (pages 330-350) and index.

English.

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