3 - Interoperability Standards and International Economic Law

Summary

This chapter examines the relevant international law framework. Particular focus is given to the provisions of international intellectual property law, notably the TRIPS Agreement. The notion of minimum standards embedded in TRIPS is examined, with particular attention given to those aspects of the minimum standards impacting on the interoperability standard-setting landscape. The general lack of corresponding maximum standards is noted. Key flexibilities embedded in TRIPS are then discussed. The chapter then examines other provisions of international economic law with potential to address concerns associated with access to interoperability standards and SEIP: the WTO Agreement on Technical Barriers to Trade (TBT Agreement), the WTO Telecommunications Agreement (notably the GATS Telecommunications Annex and Reference Paper) and the WTO Informational Technology Agreement; international dimensions of competition law are also considered. The chapter concludes that there is no international agreement that is presently well-suited to address concerns associated with access to interoperability standards and SEIP.