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Law in a World of Multiple Legal Orders: A Global Introduction to Law

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TRIPS Foundations Revisited: Building a Resilient International IP Regime for Troubled Times

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TRIPS Foundations Revisited: Building a Resilient International IP Regime for Troubled Times

TRIPS Foundations Revisited: Building a Resilient International IP Regime for Troubled Times

Author: Johann Rochel
Publisher: Cambridge University Press
ISBN: 9781009743129
Published In: September 2026
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 546.00

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Description
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Intellectual property (IP) rights have long faced strong legitimacy criticisms. As the vaccine debates during the COVID-19 pandemic showed, IP is often seen as a problematic asset of powerful private companies and developed economies. This book addresses these criticisms by focusing on a renewed interpretation of the TRIPS - the key international treaty for IP. By combining international law analysis and political theory, this work presents the TRIPS as the structuring agreement of the international IP regime rather than treating it as a technical trade instrument. Drawing on the ideal of freedom defined as protection against domination, the book develops a legal philosophy of the TRIPS, revisiting its foundations and proposing a renewed interpretation of its key norms. This reframing highlights how the treaty can potentially provide consistency and foreseeability in a conflict-ridden global multilateral trade system where weaker trade partners are often at a disadvantage.

This title is also available as open access on Cambridge Core.

1. Introduction

2. The challenges of interpreting TRIPS' foundational norms

3. A republican-sufficientarian account of Art.

7 and 8 TRIPS

4. The right to science and self-determination: TRIPS' foundations in light of international human rights law

5. Revisiting the TRIPS' flexibilities

6. The TRIPS as normative anchor for the international IP regime

Conclusion

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