Principal Work
Five editions, 1998–2021
The leading commentary on the TRIPS Agreement, written by a scholar who served on the GATT legal staff as the Agreement was negotiated. The book follows the drafting history of each provision article by article, illuminating the North–South debates and North–North compromises that shaped the final text, and traces the development of WTO dispute settlement case law through five successive editions spanning more than two decades.
Editions
First Edition
1998
Sweet & Maxwell, London
Second Edition
2003
Sweet & Maxwell, London
Third Edition
2008
Sweet & Maxwell, London
Fourth Edition
2012
Sweet & Maxwell, London
Selected Critical Reception
Press Coverage
Judicial Citations
The book has served as a working reference in proceedings before the Supreme Court of the United States and the Court of Justice of the European Union, cited across three editions in opinions spanning nearly two decades.
Golan v. Holder
565 U.S. 302 (2012) · Decided January 18, 2012
Justice Ginsburg’s majority opinion cites the book at page 213 and footnote 134 of the 3rd edition (2008) in explaining how TRIPS transformed the enforcement landscape for the Berne Convention, specifically how the WTO gave teeth to Berne’s requirements by subjecting non-compliant member states to tariffs and cross-sector trade retaliation. The book is cited twice in the relevant passage, first by page number and then as supra.
Amicus curiae brief also filed by Professor GervaisKirtsaeng v. John Wiley & Sons, Inc.
568 U.S. 519 (2013) · Decided March 19, 2013
Justice Ginsburg’s dissent cites the book at §2.63, page 199 of the 3rd edition (2008) in support of the argument that the United States had steadfastly advanced a national exhaustion position in multilateral trade negotiations, including the TRIPS negotiations—a position she argued the majority’s embrace of international exhaustion directly contradicted.
Citation in dissenting opinionParfums Christian Dior SA v. TUK Consultancy BV
Joined Cases C-300/98 and C-392/98 · AG Cosmas, Opinion of 11 July 2000
A landmark case on the direct effect of the TRIPS Agreement within the EU and the jurisdiction of the Court to interpret its provisions. AG Cosmas cited the 1st edition (1998), page 140, when discussing the scope of intellectual property rights under TRIPS and the intersection of domestic and international enforcement mechanisms.
Schieving-Nijstad vof v. Groeneveld
Case C-89/99 · AG Jacobs, Opinion of 15 February 2001
Concerned provisional measures under Article 50 of the TRIPS Agreement, specifically ex parte injunctions and time limits for instituting substantive proceedings. AG Jacobs cited the 1st edition (1998), pages 213–216, to support his analysis of the negotiators’ intent regarding the procedural flexibility afforded to Member States under Article 50.
Promusicae v. Telefónica de España SAU
Case C-275/06 · AG Kokott, Opinion of 18 July 2007
A case at the intersection of intellectual property and personal data protection, involving Article 42 of TRIPS on fair and equitable enforcement procedures. AG Kokott identified a mistranslation in the German text of the treaty regarding the discovery of confidential information, and cited the 2nd edition (2003) to confirm that the authentic English, French, and Spanish versions correctly show that the provision is intended to protect confidential information in judicial proceedings rather than mandate its disclosure.
Bayer Pharma AG v. Richter Gedéon Nyért
Case C-688/17 · AG Szpunar, Opinion of 11 April 2019
Concerned the revocation of provisional measures in patent disputes and compensation for injury caused by unjustified injunctions under Article 50(7) of TRIPS. AG Szpunar cited the book at page 579 of a later edition to explain the drafting evolution of Article 50(7), noting specifically that negotiators deliberately replaced the adjective “adequate” with “appropriate” in the compensation standard for wrongfully enjoined defendants—choosing a term more deeply rooted in established intellectual property law.