TRIPS and Developing Countries

TRIPS and Developing Countries

Towards a New IP World Order?

Edited by Gustavo Ghidini, Rudolph J.R. Peritz and Marco Ricolfi

TRIPS reflects the dominant view that enforcing strong intellectual property rights is necessary to solve problems of trade and development. The global ensemble of authors in this collection ask, how can TRIPS mature further into an institution that supports a view of economic development which incorporates the human rights ethic already at work in the multilateralist geopolitics driving international relations? In particular, how can these human rights, seen as encompassing a whole ‘new’ set of collective interests such as public health, environment, and nutrition, provide a pragmatic ethic for shaping development policy? Some chapters address these questions by describing recent successes, while others propose projects in which these human rights can provide ethical ground for influencing the forces at play in development policies.

Chapter 6: Adjudicating TRIPS for development

Molly Land

Subjects: development studies, law and development, law - academic, intellectual property law, international economic law, trade law, law and development

Extract

The conclusion of the Agreement on Trade-Related Aspects of Intellectual Property (TRIPS Agreement) in 1994 heralded two important changes for global intellectual property regulation. First, the agreement made compliance with certain minimum intellectual property standards a requirement of membership in the World Trade Organization (WTO). Second, it subjected these standards to the WTO's mandatory dispute resolution process. This chapter focuses on the development impact of the second of these changes. The decision to enforce intellectual property standards through the WTO's dispute resolution process has had several consequences for developing nations. The threat of litigation has contributed to the creation of a "pro IP climate" in which countries have foregone flexibilities to which they would otherwise be entitled.

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.

Further information