International Influence - Reviewing TRIPS & Patentable Subject-Matter

This paper critically reviews the impact of the international instrument, The Agreement on Trade-Related Aspects of Intellectual Property (TRIPS agreement), as it pertains to the law of patentable subject-matter. Considered a potential harmonizing instrument, the impact of the TRIPS agreement can largely be evaluated on its ability to set a minimum standard, or clear any ambiguity, when dealing with the principles of patentable subject-matter. This paper reviews the experiences in Canada, the United States, Britain and Australia, to determine what, if any, guidance has come from the TRIPS agreement. In addition, the role of bilateral agreements, containing 'TRIPS Plus' provisions, is also examined