Staying Within the Negotiated Framework: Abiding by the Non-Discrimination Clause in Trips Article 27

Authors

Kevin J. Nowak, University of Michigan Law School

Abstract

This Note argues that the Panel in Canada-Generic Medicines correctly decided that the non-discrimination clause in Article 27 applies to the exceptions of Articles 30 and 31. Because Article 27 is the guiding force of Section 5, any exceptions to the rights granted under Section 5 must comply with the requirements set forth in Article 27. Although extreme applications of the non-discrimination clause could be limiting upon some exceptions, Articles 30 and 31 were not placed into TRIPs as complete escape clauses from the framework of Section 5. Additionally, the application of the non-discrimination clause to Articles 30 and 31 are not necessarily as limiting as some scholars fear-the negotiated text provides a number of methods Members can use to alleviate most constraints.

Recommended Citation

Kevin J. Nowak, Staying Within the Negotiated Framework: Abiding by the Non-Discrimination Clause in Trips Article 27, 26 Mich. J. Int'l L. 899 (2005).
Available at: https://repository.law.umich.edu/mjil/vol26/iss3/4