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Law

2006

Marquette University Law School

TRIPs Agreement

Articles 1 - 6 of 6

Full-Text Articles in Law

Trips And Traditional Knowledge: Local Communities, Local Knowledge, And Global Intellectual Property Frameworks, Olufunmilayo B. Arewa Apr 2006

Trips And Traditional Knowledge: Local Communities, Local Knowledge, And Global Intellectual Property Frameworks, Olufunmilayo B. Arewa

Marquette Intellectual Property Law Review

Intellectual property treatment of traditional or local knowledge is a major issue of contention today, particularly since the implementation of the TRIPs Agreement, which establishes minimum levels of intellectual property protection for members of the World Trade Organization. Discourse surrounding local knowledge is highly charged with accusations of "piracy" from Western countries countered with allegations of "biopiracy" from Third World countries. Flowing beneath the surface of this dialogue are multiple levels of historical experience. Intellectual property frameworks were formed in the nineteenth century during a period when evolutionary views of the development of human societies were paramount. Local knowledge was ...


Expanding The Protection Of Geographical Indications Of Origin Under Trips: "Old" Debate Or "New" Opportunity?, Irene Calboli Apr 2006

Expanding The Protection Of Geographical Indications Of Origin Under Trips: "Old" Debate Or "New" Opportunity?, Irene Calboli

Marquette Intellectual Property Law Review

This work briefly analyzes the issue of (geographical indications of origin) GI protection pre- and post-TRIPs and considers whether extension of the protection set forth by TRIPs is desirable for the international community. First, the work provides a brief overview of GI, the traditional rationale for their protection, and the protection granted thereof before the adoption of TRIPs. Next, the analysis turns to a description of the status of the law under TRIPs and the failed diplomatic agenda to expand the current protection. The recent developments on the debate on GI are explored, particularly for wine and spirits, with an ...


Trips: A Link Too Far? A Proposal For Procedural Restraints On Regulatory Linkage In The Wto, Sean Pager Apr 2006

Trips: A Link Too Far? A Proposal For Procedural Restraints On Regulatory Linkage In The Wto, Sean Pager

Marquette Intellectual Property Law Review

In dramatically expanding the reach of international intellectual property law, the TRIPs Agreement both epitomizes a new trend toward globalized regulation and signaled a controversial shift in approach by the WTO away from its narrow focus on trade. Equally controversial was the manner in which TRIPs came about. By strategically linking intellectual property protection to substantively unrelated trade negotiations, developed countries were able to push through a much more ambitious harmonization of IP law than would otherwise have been possible. Such package dealing making offers a powerful mechanism to advance global governance. However, unrestricted use of linkage strategies risks suboptimal ...


Is There An Antitrust Antidote Against Ip Overprotection Within Trips?, Marco Ricolfi Apr 2006

Is There An Antitrust Antidote Against Ip Overprotection Within Trips?, Marco Ricolfi

Marquette Intellectual Property Law Review

The Article explores the mini-body of antitrust provisions to be found within TRIPs. It advocates a general-principles based and systematic interpretative approach of these provisions with a view to finding in them an antidote to the ratcheting up of IP protection otherwise encouraged by TRIPs. In this framework, it is argued that member countries retain considerable flexibility to incorporate pro-competitive inputs and to give appropriate consideration to non-intellectual property interests in adopting legislation at the intersection of antitrust and IP. The Article further develops criteria to assess the TRIPs-compatibility both of antitrust intervention and of generalized, ex ante legislative measures ...


Of The Inequals Of The Uruguay Round, Srividhya Ragavan, Srividhya Ragavan Jan 2006

Of The Inequals Of The Uruguay Round, Srividhya Ragavan, Srividhya Ragavan

Marquette Intellectual Property Law Review

Ten years ago, the TRIPs Agreement set a distinct tone in international law by requiring Members to prioritize international trade obligations as a means to achieve national goals. Within the next five years, the AIDS crisis highlighted that compromising pressing national responsibilities-like a looming public health crisis-to fulfill international obligations may, in fact, detrimentally affect international trade. Meanwhile, access to medication continues to be an unresolved issue even as we celebrate the tenth anniversary of TRIPs and the end of the transitional period. This Article suggests that the success of TRIPs depends on its ability to address national responsibilities that ...


Trips And Its Discontents, Peter K. Yu, Peter K. Yu Jan 2006

Trips And Its Discontents, Peter K. Yu, Peter K. Yu

Marquette Intellectual Property Law Review

This Article traces the development of the TRIPs Agreement and explores why less developed countries were dissatisfied with the international intellectual property system. It also looks at the future challenges confronting these countries and what they need to do to preserve the goals and intentions behind the TRIPs negotiations. The Article begins by describing the four different narratives used to explain the origins of the TRIPs Agreement. It contends that, while none of these narratives is complete, each of them provides valuable insight into understanding the context in which the Agreement was created. The Article then explores why less developed ...