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Journal of International Economic Law 1998 1(4):679-682; doi:10.1093/jiel/1.4.679
© 1998 by Oxford University Press
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European court rules on TRIPS agreement

GA Desmedt

Attorney at Stibbe Simont Monahan Duhot, 47-51 Rue Henri Wafelaerts, 1060 Brussels, Belgium

In a judgment of 16 June 1998, the Court of Justice of the European Communities gave a preliminary ruling on the interpretation of a TRIPS provision following a referral by a Dutch Judge. The judgment was highly anticipated, as it was the first time that the Court pronounced upon the substance of the TRIPS agreement. Furthermore, the case gave rise to a lengthy debate on the direct effect of TRIPS provisions and on the question whether the Court of Justice was competent to interpret the TRIPS agreement


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