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1 results

  • 5 - Revisiting the TRIPS’ Flexibilities

  • Johan Rochel, University of Fribourg
  • Book:
    TRIPS Foundations Revisited
    Published online:
    25 July 2026
    Print publication:
    03 September 2026, pp 204-280
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  • Summary

    Chapter 5 shows how the proposed reframing of the TRIPS around the ideal of freedom as non-domination should guide the interpretation of further norms. It uses the ‘guiding light’ function of the TRIPS’ foundations (Articles 7 and 8) to interpret key TRIPS’ ‘flexibilities’. This chapter deals with exceptions and limitations, focusing on the three-step test of patent (Article 30 of TRIPS) and copyright (Article 13 of TRIPS), further addressing compulsory licensing issues (Article 31 of TRIPS) and the obligations of developed economies regarding technology transfer and technical assistance (Articles 66-67 TRIPS). These provisions are crucial pieces of the overall bargain that the TRIPS represents and presents key norms to address the legitimacy crisis of the IP regime.