Andrew D. Mitchell and Tania Voon

in The Oxford Handbook of International Trade Law

Published in print January 2009 | ISBN: 9780199231928
Published online September 2012 | | DOI:

Series: Oxford Handbooks in Law


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The agreement that resulted from the trade-related aspects of intellectual property rights (TRIPS) raises an array of complex questions and its implications for development, trade, and competition. This article outlines certain significant developments under TRIPS Agreement since its entry into force in 1995. It examines two areas in which the TRIPS Agreement underwent developments: disputes arising under the TRIPS Agreement that have proceeded to formal adjudication in the World Trade Organization (WTO), and negotiation among WTO Members regarding access to medicines and public health under the TRIPS Agreement. This article explores some of the issues under the TRIPS Agreement that are yet to be resolved: exhaustion, anticompetitive practices, and geographical indications. It addresses a number of areas in which TRIPS-related issues expand beyond the boundaries of the WTO and considers how these forces are changing international intellectual property law.

Keywords: intellectual property rights; TRIPS Agreement; public health; geographical indications

Article.  10559 words. 

Subjects: Law ; International Law

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