ATRIP Intellectual Property series
Edited by Jan Rosén
Chapter 11: ACTA and access to medicines in the perspective of theory of hard cases
The aim of ACTA was to raise the standards of intellectual property enforcement found in international instruments and, in particular, the TRIPS Agreement. Its aim was enhanced international cooperation and more effective international enforcement. In this light it presents a number of TRIPS-Plus elements. Yet, it chose to create its own governing body outside the World Trade Organization (WTO) and other existing international institutions or fora, such as the World Intellectual Property Organization (WIPO) or the United Nations (UN). The reason for this was that the existing international institutions were thought not to provide procedures that were sufficiently flexible to accommodate the attainment of a fast and effective result. The criticism was that this was achieved to a considerable extent at the expense of transparency.
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