Jacob R. Osborn


In this paper, Section I introduces the international dimension of intellectual property with respect to the Trade Related Aspects of Intellectual Property (TRIPS) Agreement and the Dispute Settlement Understanding for resolving conflicts thereupon. Section II proceeds to examine two facets of the Canadian Patent Act: the Regulatory Review Exception and the Stockpiling Exception. While the international judicial authority determined that the Regulatory Review Exception was in conformity with TRIPS, the authority also found the Stock Piling Exception in violation of Article 30 of the TRIPS Agreement. Finally, Section III offers an alternative, historical approach to construing TRIPS, based on the substantive rights granted in United States patent law, and consistent with the interpretation of "limited exceptions" embodied by the Stock Piling Exception of the Canadian Patent Act.