Articles 7 and 8 as the basis for interpretation of the TRIPS Agreement

South Centre Policy Brief 79, June 2020

Author: Thamara Romero

Abstract: Articles 7 and 8 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) play a central role in assuring the members of the World Trade Organization (WTO) the right to implement public health measures. The Doha Declaration on the TRIPS Agreement and Public Health is also an important element for the interpretation of any provision of the TRIPS Agreement that may have public health implications. The most recent and prominent example of the use of articles 7 and 8 for interpretation in WTO law can be found in the WTO Panel decision of 2018 on the Australia – Tobacco Plain Packaging dispute.

Full Policy Brief: https://www.southcentre.int/policy-brief-79-june-2020/