TRIPS Wars: Developing Countries Strike Back
FLASHPOINTS: CHANGING PARADIGMS IN INTELLECTUAL PROPERTY AND TECHNOLOGY LAW, Alexandra George, ed., Quid Pro Press, 2019, Forthcoming
19 Pages Posted: 13 Oct 2015 Last revised: 13 Mar 2019
Date Written: October 9, 2015
This chapter focuses on the "TRIPS Wars," which involved the developed countries' repeated strikes on the sovereignty, autonomy and policy space of developing countries. These strikes began with the establishment of the TRIPS Agreement, which was then followed by the increasing efforts to negotiate TRIPS-plus trade and intellectual property agreements.
Notwithstanding these repeated strikes, developing countries have been learning fast. After a decade of mobilization and adjustments, they have now slowly acquired the ability to launch counter-strikes. These counter-strikes are important because they may provide the flashpoints for future tensions and conflicts in the international intellectual property regime.
This chapter begins by discussing the impact of the TRIPS Agreement and TRIPS-plus trade and intellectual property agreements on developing countries. It then examines the developing countries' counter-strikes at the WTO — including those at the Doha Round negotiations, the TRIPS Council and the WTO Dispute Settlement Body. The chapter concludes by highlighting the developing countries' efforts to establish pro-development initiatives at WIPO and other international regimes.
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