In recent years, it has become common to invoke national security as a basis for non-enforcement of intellectual property and actions inconsistent with WTO rules. The United States has on several occasions used this as a basis for implementing measures that are inconsistent with WTO rules. Among these measures are the restrictions imposed on imports from the European Union and broader restrictions on steel imports from China to control China's economic rise. The last case citing the security conditions for not protecting the intellectual property rights of foreigners is the action of the Russian government after the attack on Ukraine, citing emergency conditions under Article 73 of the TRIPS Agreement. The question that is tried to be answered in this article is under what conditions WTO member countries can use Article 73 of the TRIPS agreement under the title of security exceptions as a legal basis to ignore the rights of intellectual property owners? In the WTO jurisprudence, two decisions of the World Trade Organization Dispute Settlement Body have addressed the challenges related to actions inconsistent with the rules of the World Trade Organization citing national security. This article, based on the descriptive-analytical study, concludes that according to the procedure of the Dispute Settlement Body of the World Trade Organization, the application of provisions related to security exceptions must be done in good faith, and as a result, in cases where the lack of government itself creates emergencies due to lack of good faith cannot be documented as a lack of protection of intellectual property rights.
Azizi,H. (2024). Security exceptions in the implementation of intellectual property rights: contemplation of Article 73 of the TRIPS Agreement. Research and development in private law, 1(1), 372-409. doi: 10.22034/jpl.2024.718560
MLA
Azizi,H. . "Security exceptions in the implementation of intellectual property rights: contemplation of Article 73 of the TRIPS Agreement", Research and development in private law, 1, 1, 2024, 372-409. doi: 10.22034/jpl.2024.718560
HARVARD
Azizi H. (2024). 'Security exceptions in the implementation of intellectual property rights: contemplation of Article 73 of the TRIPS Agreement', Research and development in private law, 1(1), pp. 372-409. doi: 10.22034/jpl.2024.718560
CHICAGO
H. Azizi, "Security exceptions in the implementation of intellectual property rights: contemplation of Article 73 of the TRIPS Agreement," Research and development in private law, 1 1 (2024): 372-409, doi: 10.22034/jpl.2024.718560
VANCOUVER
Azizi H. Security exceptions in the implementation of intellectual property rights: contemplation of Article 73 of the TRIPS Agreement. Research and development in private law, 2024; 1(1): 372-409. doi: 10.22034/jpl.2024.718560