Accepting the notion that a positive right to use a trademark is implicitly recognized by the TRIPS Agreement would have systemic implications in the context of WTO. On the one hand, it would mean that the interpretative rules of the VCLT are replaced by expansive standards of interpretation and...

IP provisions in FTAs may have implications on a wide range of public policy areas. A vast academic literature has addressed the "flexibilities" available under the TRIPS Agreement and the negative impact of FTAs in relation to access to medicines. For example, the Special Rapporteur on the...