War, armed conflict, and the security exception in the TRIPS Agreement
Journal: Edinburgh Research Explorer
Year: 2024

This article critically examines the meaning and scope of the security exception in Article 73(b)(iii) of the TRIPS Agreement (which mirrors Article XXI(b)(iii) of the GATT) in the context of the ongoing Russia-Ukraine war. Drawing on the seven relevant decisions of the WTO dispute settlement panels that have considered both Article XXI(b)(iii) of the GATT and Article 73(b)(iii) of the TRIPS Agreement, this article provides key insights and clarity regarding some of the controversial issues and