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

Sweet & Maxwell →Vanderbilt Library →

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.

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