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Max Planck Encyclopedia of Public International Law [MPEPIL]

Havana Club Case

Christian Riffel

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 20 June 2019

Intellectual property

Published under the auspices of the Max Planck Foundation for International Peace and the Rule of Law under the direction of Rüdiger Wolfrum.

1 Although the WTO ruling in United States — Section 211 Omnibus Appropriations Act of 1998 (‘ Havana Club ’) concerns several provisions of the Agreement on Trade-Related Aspects of Intellectual Property Rights (1994) (‘TRIPS Agreement’), the ruling stands out because it delineates the material scope of application of that Agreement. From the vantage point of the panel decision, it even amounts to an expansion of its scope. The panel tried to limit the scope of the TRIPS Agreement to the intellectual property rights mentioned in the section titles of Part II...
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