The Google Book Settlement and the TRIPS Agreement

10 Pages Posted: 21 May 2010 Last revised: 27 Oct 2012

See all articles by Daniel J. Gervais

Daniel J. Gervais

Vanderbilt University - Law School

Date Written: May 20, 2010


The proposed amended settlement in the Google Book case has been the focus of numerous comments and critiques. This “perspective” reviews the compatibility of the proposed settlement with the TRIPS Agreement and relevant provisions of the Berne Convention that were incorporated into TRIPS, in particular the no-formality rule, the most-favored nation (MFN) clause, national treatment obligations, and the so-called three-step test.

Keywords: Google Book Settlement, TRIPS Agreement, Formalities, most-favored nation, national treatment, Berne Convention, three-step test

Suggested Citation

Gervais, Daniel J., The Google Book Settlement and the TRIPS Agreement (May 20, 2010). Stanford Technology Law Review, Vol. 1, 2011, Vanderbilt Public Law Research Paper No. 10-25, Available at SSRN:

Daniel J. Gervais (Contact Author)

Vanderbilt University - Law School ( email )

131 21st Avenue South
Nashville, TN 37203-1181
United States
615 322 2615 (Phone)

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