Author's Note: I am indebted to Dr. Margaret Biggs of Queens University, Dr. Meredith Lilly of Carleton University and Dr. Judit Fabian of the University of Calgary for many of these insights on gender and indigenous issues
within international trade agreements.
Not exact matches
The possibility that this side
agreement can be a vehicle of significant progress in integrating environmental considerations into issues of
international trade led to a deep split
within the environmental community.
60 Consequently, as the Commission observes, to regard the rules on patentable subject - matter in Article 27 of the TRIPs
Agreement as falling
within the field of the common commercial policy rather than the field of the internal market correctly reflects the fact that the context of those rules is the liberalisation of
international trade, not the harmonisation of the laws of the Member States of the European Union.
It would make sense that an
agreement between the EU and the US to set one standard or to agree on mutual recognition would fall
within the scope of the CCP, since such an
agreement relates specifically to
international trade and has a direct and immediate impact on
trade between the other countries.
Apparently, only if an
agreement (and TRIPS in particular, note that TRIPS stands for
trade related aspects of intellectual property) specifically relates to
international trade, it falls
within the scope of the CCP, and as such can not be used to circumvent article 114 TFEU or other legal basis for that matter.
Thus, whereas in Opinion 1/94 the CJEU had concluded that most of TRIPS did not specifically relate to
international trade, here it stated that there was a specific link with
international trade and thus the
agreement did fall
within the scope of the CCP.