Proposals for Reform of TRIPS
Edited by Annette Kur
Explanatory memorandum PART I INTRODUCTORY REMARKS The proposed amendments to TRIPS are the fruit of a project launched under the title “Intellectual Property Rights in Transition” (IPT) under the aegis of the Institute for Intellectual Property and Market Law (Institut för Immaterialrätt och Marknadsrätt, IFIM) at the University of Stockholm, in cooperation with the Max Planck Institute for Intellectual Property, Competition and Tax Law, Munich, the Institute for Civil Law at the University of Copenhagen, and IPR University Center in Helsinki. The project was initiated and led by IFIM’s director, Marianne Levin, who was joined in her function as the group’s chairperson by Annette Kur. Niklas Bruun, François Curchod, Jens Schovsbo, Antonina Engelbrekt Bakardjieva, Frantzeska Papadopoulou, Henning Grosse Ruse-Khan and Andrea Wechsler were involved in the work as permanent or temporary project group members; Åsa Hellstadius acted as the group’s secretary. The project took its cue from the growing discontent with the development of Intellectual Property (IP) in the post-TRIPS era. Indeed, what appeared to be the ultimate breakthrough of IP-oriented law and policy-making on a global level also marked a culmination point in the sense that the broad public esteem commanded by IP lost ground. Fuelled by frustration of expectations raised with regard to the impact of IP on economic welfare, and resenting the restrictions imposed on communication and exchange of technology, deep scepticism towards the functioning of the system nowadays governs the perception of IP by large sections of the public, in particular when...
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