Revisiting the Intellectual Property Dilemma: How Did We Get to a Strong WTO IPR Regime?
Publication in refereed journal

摘要The increasingly robust protection ofIntellectual Property Rights
("IPRs') worldwide stems from the ever-increasing importance ofIPintensive
industries in international environments. However, IPR
protection and enforcement are bound both by national and
international IPR-related laws, policies, and practices. Since the
development of the United States' IPR system, there has been a
dramatic transformation ofIPR-protection modalities, from a soft one
based on "monopoly phobia" to a strong one in the absolute sense. The
United States has made it its aim to strong-arm the negotiations of the
Agreement on Trade-Related Aspects of Intellectual Property Rights
("TRIPS") provisions to obtain strong IPR protection. As for many
other World Trade Organization ("WTO") Members, attending the
multilateral IPR negotiations and then accepting the negotiating
results have seemingly become a strategic choice to circumvent the
United States' unilateral actions against IPR violations. Considering
the onerousness of the Doha Round Agenda, it will be significant if
future TRIPS reforms will avoid the dilemma caused by focusing
obsessively on strong IPR protection and enforcement.
著者Julien Chaisse, Xinjie Luan
期刊名稱Santa Clara High Technology Law Journal
頁次153 - 178
關鍵詞IP, WTO

上次更新時間 2018-18-07 於 09:30