National Courts Can Apply TRIPs Directly

The European Court of Justice has ruled that national courts are free to decide whether or not to apply TRIPs (Trade-Related Aspects of Intellectual Property Rights Agreement) directly as long as doing so would not give rise to a conflict with Community law. The Article of TRIPs in question concerns the life of a patent and by applying TRIPs, the national Portuguese court could potentially extend that life to the full 20 year term.

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The European Court of Justice has ruled that national courts are free to decide whether or not to apply TRIPs (Trade-Related Aspects of Intellectual Property Rights Agreement) directly as long as doing so would not give rise to a conflict with Community law. The Article of TRIPs in question concerns the life of a patent and by applying TRIPs, the national Portuguese court could potentially extend that life to the full 20 year term.