Principal Work
The TRIPS Agreement: Drafting History and Analysis
Sweet & Maxwell / Thomson Reuters·Fifth Edition, 2021
The leading article-by-article commentary on the TRIPS Agreement, written by a scholar who served on the GATT legal staff during the Uruguay Round negotiations. Now in its fifth edition, the work traces the drafting history of each provision, surveys the full body of WTO dispute settlement case law, and situates the Agreement within the broader framework of international trade and intellectual property law.
Publisher
Sweet & Maxwell / Thomson Reuters
Edition
5th edition
Year
2021
Length
approx. 1,200 pp.
Previous editions: 1998, 2003, 2008, 2012
Coverage
- —Article-by-article analysis of all TRIPS provisions, with full drafting history drawn from Uruguay Round negotiating documents
- —Comprehensive survey of WTO Panel and Appellate Body reports addressing TRIPS obligations
- —Treatment of TRIPS flexibilities, including the Doha Declaration on TRIPS and Public Health
- —Analysis of the relationship between TRIPS and other WTO agreements, including GATT and GATS
- —Coverage of TRIPS-plus provisions in bilateral and regional trade agreements
- —Discussion of emerging issues including digital copyright, AI-generated works, and access to medicines
Reception & Citations
The work has been cited by the highest courts in multiple jurisdictions and by international tribunals.
Supreme Court of the United States
Cited in intellectual property and trade-related proceedings.
Supreme Court of Canada
Cited in leading IP cases.
Court of Justice of the European Union
Cited by Advocates General in opinions on IP and trade law.
WTO Panels and Appellate Body
Cited in multiple TRIPS dispute settlement proceedings.
Editions
- 5th2021
Sweet & Maxwell
Current edition. Includes full treatment of DS435/441/467 (Australia — Plain Packaging) and updated AI/copyright analysis.
- 4th2012
Sweet & Maxwell
Expanded treatment of TRIPS flexibilities and public health provisions post-Doha.
- 3rd2008
Sweet & Maxwell
First edition to incorporate the full body of post-2001 dispute settlement case law.
- 2nd2003
Sweet & Maxwell
Revised in light of the Doha Declaration on TRIPS and Public Health (2001).
- 1st1998
Sweet & Maxwell
First comprehensive commentary on the Agreement, published four years after its entry into force.
Author's Note
Daniel J. Gervais served as a Legal Officer at the GATT in Geneva during the Uruguay Round negotiations, where the TRIPS Agreement was drafted. He subsequently served as Head of Section at WIPO and as Deputy Secretary General of CISAC. This practitioner background informs the commentary's treatment of negotiating intent and institutional context throughout.