Towards a New IP World Order?
Edited by Gustavo Ghidini, Rudolph J.R. Peritz and Marco Ricolfi
Chapter 6: Adjudicating TRIPS for development
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.
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