Articles 7 and 8 of the TRIPS A greement: A Force for Convergence within the International IP System

Abstract

Articles 7 and 8 of theAgreement onTrade‐RelatedAspects ofIntellectualPropertyRights (TRIPS Agreement) 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 theTRIPS Agreement. While Articles 7 and 8 have acquired influence at a policy level through theDohaMinisterialDeclaration and theDeclaration onTRIPSandPublicHealth, their use within theWorldIntellectualPropertyOrganisation (WIPO)DevelopmentAgenda and theAnti‐CounterfeitingTradeAgreement (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 linksIPwith 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 internationalIPregulation that is fully supportive of social as well as economic development inallparticipating nations.

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