The Problems of Direct Effect and Application of Provisions of World Trade Organization Agreements in the Sphere of Intellectual Property Protection and the Russian Legal System

Abstract

The article is devoted to an urgent and a very disputable problem of direct effect and application of provisions of World Trade Organization agreements, in particular provisions regulating the sphere 115 of intellectual property protection, in the national legal systems of the member states. The possibility of such effect and application in the Russian Federation is examined in detail. The author covers the experience of some other member states of the WTO. The article substantiates the possibility of direct effect and application of certain provisions of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and provides the author’s view on the required conditions.

Keywords:

World Trade Organization (WTO), Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), intellectual property, implementation of international obligations, direct effect and application of international treaties, self-executing provisions