Abstract

http://ssrn.com/abstract=1736030
 


 



TRIPS Enforcement and Developing Countries


Peter K. Yu


Drake University Law School

January 6, 2011

American University International Law Review, Vol. 26, pp. 727-82, 2011
Drake University Law School Research Paper No. 11-32

Abstract:     
In January 2009, the WTO Dispute Settlement Body released a panel report on China - Measures Affecting the Protection and Enforcement of Intellectual Property Rights. The dispute concerned the inadequacy of protection and enforcement of intellectual property rights in China under the TRIPS Agreement. While both China and the United States were quick to declare victory in this dispute, less developed countries might have become the dispute’s unintended and unannounced winner.

As part of the symposium on the Anti-counterfeiting Trade Agreement (ACTA) and international intellectual property enforcement, this Article focuses on the implications of this panel report for less developed countries. It begins by recapitulating the key arguments made by China and the United States as well as the major findings in the report. The article then evaluates the panel report from the standpoint of less developed countries. It explores both the areas where the report has enabled less developed countries to score some important points in the interpretation of the TRIPS Agreement and where it has provided some disappointments.

Number of Pages in PDF File: 57

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Date posted: January 7, 2011 ; Last revised: March 5, 2012

Suggested Citation

Yu, Peter K., TRIPS Enforcement and Developing Countries (January 6, 2011). American University International Law Review, Vol. 26, pp. 727-82, 2011; Drake University Law School Research Paper No. 11-32. Available at SSRN: http://ssrn.com/abstract=1736030

Contact Information

Peter K. Yu (Contact Author)
Drake University Law School ( email )
151 Cartwright Hall
2507 University Avenue
Des Moines, IA 50311
United States
(515) 271-2948 (Phone)
(515) 271-2530 (Fax)
HOME PAGE: http://www.peteryu.com
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