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1 results

  • 3 - A Republican-Sufficientarian Account of Articles 7 and 8 of TRIPS

  • Johan Rochel, University of Fribourg
  • Book:
    TRIPS Foundations Revisited
    Published online:
    25 July 2026
    Print publication:
    03 September 2026, pp 65-119
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  • Summary

    Chapter 3 presents an overview of the doctrinal interpretation of the TRIPS’ foundations. It discusses in detail the functions and content of Articles 7 and 8 of TRIPS. These two articles are treated as the normative core of the TRIPS. Article 7 defines conditionalities which intellectual property rights should fulfil. Concepts such as ‘social and economic welfare’ and ‘mutual advantage of producers and users of technological knowledge’ are considered the societal parameters of the justification matrix of intellectual property rights. The analysis of Article 8 of TRIPS underlines the importance of national autonomy, which is key to implementing TRIPS obligations in a way that respects and guarantees the capacity of States to protect their population.