In order to accommodate United States terminology, the TRIPS Agreement specifies that its terms “inventive step” and “capable of industrial application” may be deemed by a Member to be synonymous with the terms “non-obvious” and “useful”, as traditionally used in the United States (see footnote 5 to Article 27, TRIPS Agreement). In essence, implementation of undefined TRIPS language provides an opportunity for members to tailor their laws and policies to strike a desired balance between the exclusive right promoted by the respective IPR at issue, and the area remaining outside the scope of exclusivity (i.e. the “public domain”). Governments will have to decide where the dividing line between these areas should be drawn, for example, whether to promote broad exclusive rights and a limited public domain, or vice versa.