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The WTO Agreement on Trade-Related Aspects of Intellectual Property Rights

The WTO Agreement on Trade-Related Aspects of Intellectual Property Rights

A Commentary

Elgar Commentaries series

Justin Malbon, Charles Lawson and Mark Davison

This Commentary on the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) provides a detailed textual analysis of TRIPS – a pivotal international agreement on intellectual property rights. TRIPS sets minimum standards for national laws on copyright, patents, trademarks and other forms of intellectual property rights. TRIPS profoundly impacts upon the regulation of access to medicines, compulsory licensing of copyright material, geographical indicators and other significant IP-related matters.


Justin Malbon, Charles Lawson and Mark Davison

Subjects: law - academic, intellectual property law, law -professional, intellectual property law, politics and public policy, international relations


Article 50 deals with provisional measures, which include measures known in many Member states as preliminary, interlocutory or interim injunctions. These measures may also include prohibitions upon the destruction of evidence and on the defendant removing IP related goods, funds and evidence from the jurisdiction. In addition, they may include judicial or administrative orders to seize or deliver suspected infringing goods, and requirements that a party deliver documents or provide appropriate access to relevant information. The orders may also require a third party, for example a bank, to freeze a person’s bank account. A provisional measure under Article 50 also enables a judicial authority to hear an urgent application in the absence of the defendant. This is referred to in Article 50 as an order adopted inaudita altera parte. In some countries this is referred to as an ex parte application. Because of the potentially serious adverse impacts a provisional measure may have upon the interests of the party against whom it is made, a number of processes are set out in Article 50 to minimise the extent of any potential harm. In many countries provisional measures can be applied to a wide range of areas of law, and are not confined to potential or actual breaches of IP rights.

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