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TRIPS competition flexibilities

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Author

Summary, in English

International trade legislation and TRIPS in particulate contain elements of a competition law system. Flexibilities in the system leave substantial discretion to developing countries, which can apply these rules to counterbalance demands imposed on them by the IPR obligations contained in the Agreement. To create a reasonable balance, precise standards regarding competition law interpretation and enforcement is required. In spite of the mishaps with the Singapore issues in the Doha round, the WTO still provides the right forum for such discussions. Post-Doha it must be possible to re-establish the discussion. The way forward may well be a new Fair Trade Agreement under the WTO “umbrella”.

Department/s

Publishing year

2010

Language

English

Publication/Series

Festskrift till Boel Flodgren

Document type

Book chapter

Publisher

Juristförlaget i Lund

Topic

  • Law

Keywords

  • competition law. flexibilities
  • international trade legislation
  • TRIPS
  • developing countries
  • internationell privaträtt
  • private international law

Status

Published