The Most-Favoured Nation Treatment and Intellectual Property Rights

The Most-Favoured Nation Treatment and Intellectual Property Rights
CHRISTOPHER HEATH

ISBN 9781841138015
Bloomsbury Publishing

INTERNATIONAL TREATIES ON intellectual property (IP) have long been governed by the principle of national treatment first enshrined in the Paris Convention. Arguably due to this approach, the most favoured nation
treatment (MFN) never fared prominently in IP treaties. TRIPS, on the other hand, lists both national treatment and MFN as its pillars. This article with thus start with an outline of the principle of national treatment of the Paris Convention (subsequently referred to as the Paris Convention as far as the Convention itself is concerned, and to the Paris Union for the underlying system of protection) and subsequent IP treaties, its limits and principles of application, prior to a discussion of the MFN principle as set out in trade agreements, particularly GATT. Both provisions will then by analysed against the background of regional free trade agreements.