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  • 6 - The TRIPS as Normative Anchor for the International IP Regime

  • Johan Rochel, University of Fribourg
  • Book:
    TRIPS Foundations Revisited
    Published online:
    25 July 2026
    Print publication:
    03 September 2026, pp 281-352
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  • Summary

    Chapter 6 focuses on the external function of the TRIPS in promoting consistency in the international IP regime. As a structuring international Agreement, the TRIPS plays the role of a normative anchor significant with respect to two developments of the international IP regime: the concretisation of post-TRIPS international IP Agreements and the importance of FTAs and their IP-related provisions in current trade relations. This chapter firstly addresses the features of the Marrakesh Treaty for visually impaired people. This treaty, especially its human rights objective and mandatory exceptions, enriches the legal philosophy developed around the ideal of freedom as non-domination. The chapter secondly discusses how the TRIPS should be used to prevent threats in bilateral trade relations. A republican TRIPS appears central to a just international IP regime thanks mainly to its integrative and protective function with respect to interests and stakeholders that are structurally underrepresented.