ABSTRACT

The chapter reviews the principle of integration as the core of the concept of sustainable development. It provides examples for linkages between the regulation of Intellectual Property (IP) and vital societal interests such as health, environment, trade and a knowledge society. The chapter analyses whether and how World Trade Organization (WTO) Panels and the Appellate Body have, in interpreting the Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement, relied on articles 7 and 8 as primary textual expressions of the object and purpose of TRIPS. The concept of sustainable development played the role of balancing economic, social and environmental interest in the Gabčíkovo – Nagymaros case decided by the International Court of Justice (ICJ); in the Arbitral Award under the auspices of the Permanent Court of Arbitration (PCA) regarding the Iron Rhine Railway; and in the reports of the WTO Dispute Settlement Panel and Appellate Body in the US – Shrimp case.