Book contents
- Frontmatter
- Contents
- List of contributors
- Preface
- PART I International Provision of Public Goods under a Globalized Intellectual Property Regime
- PART II Innovation and Technology Transfer in a Protectionist Environment
- PART III Sectoral Issues: Essential Medicines and Traditional Knowledge
- PART IV Reform and Regulation Issues
- 22 Issues Posed by a World Patent System
- 23 Intellectual Property Arbitrage: How Foreign Rules Can Affect Domestic Protections
- 24 An Agenda for Radical Intellectual Property Reform
- Comment: Whose Rules, Whose Needs? Balancing Public and Private Interests
- 25 Diffusion and Distribution: The Impacts on Poor Countries of Technological Enforcement within the Biotechnology Sector
- 26 Equitable Sharing of Benefits from Biodiversity-Based Innovation: Some Reflections under the Shadow of a Neem Tree
- 27 The Critical Role of Competition Law in Preserving Public Goods in Conflict with Intellectual Property Rights
- 28 Expansionist Intellectual Property Protection and Reductionist Competition Rules: A TRIPS Perspective
- 29 Can Antitrust Policy Protect the Global Commons from the Excesses of IPRs?
- Comment I: Competition Law as a Means of Containing Intellectual Property Rights
- 30 “Minimal” Standards for Patent-Related Antitrust Law under TRIPS
- Comment II: Competitive Baselines for Intellectual Property Systems
- 31 WTO Dispute Settlement: Of Sovereign Interests, Private Rights, and Public Goods
- 32 The Economics of International Trade Agreements and Dispute Settlement with Intellectual Property Rights
- 33 Intellectual Property Rights and Dispute Settlement in the World Trade Organization
- 34 WTO Dispute Resolution and the Preservation of the Public Domain of Science under International Law
- 35 Recognizing Public Goods in WTO Dispute Settlement: Who Participates? Who Decides? The Case of TRIPS and Pharmaceutical Patents Protection
- Index
32 - The Economics of International Trade Agreements and Dispute Settlement with Intellectual Property Rights
Published online by Cambridge University Press: 05 May 2010
- Frontmatter
- Contents
- List of contributors
- Preface
- PART I International Provision of Public Goods under a Globalized Intellectual Property Regime
- PART II Innovation and Technology Transfer in a Protectionist Environment
- PART III Sectoral Issues: Essential Medicines and Traditional Knowledge
- PART IV Reform and Regulation Issues
- 22 Issues Posed by a World Patent System
- 23 Intellectual Property Arbitrage: How Foreign Rules Can Affect Domestic Protections
- 24 An Agenda for Radical Intellectual Property Reform
- Comment: Whose Rules, Whose Needs? Balancing Public and Private Interests
- 25 Diffusion and Distribution: The Impacts on Poor Countries of Technological Enforcement within the Biotechnology Sector
- 26 Equitable Sharing of Benefits from Biodiversity-Based Innovation: Some Reflections under the Shadow of a Neem Tree
- 27 The Critical Role of Competition Law in Preserving Public Goods in Conflict with Intellectual Property Rights
- 28 Expansionist Intellectual Property Protection and Reductionist Competition Rules: A TRIPS Perspective
- 29 Can Antitrust Policy Protect the Global Commons from the Excesses of IPRs?
- Comment I: Competition Law as a Means of Containing Intellectual Property Rights
- 30 “Minimal” Standards for Patent-Related Antitrust Law under TRIPS
- Comment II: Competitive Baselines for Intellectual Property Systems
- 31 WTO Dispute Settlement: Of Sovereign Interests, Private Rights, and Public Goods
- 32 The Economics of International Trade Agreements and Dispute Settlement with Intellectual Property Rights
- 33 Intellectual Property Rights and Dispute Settlement in the World Trade Organization
- 34 WTO Dispute Resolution and the Preservation of the Public Domain of Science under International Law
- 35 Recognizing Public Goods in WTO Dispute Settlement: Who Participates? Who Decides? The Case of TRIPS and Pharmaceutical Patents Protection
- Index
Summary
Introduction
Economists usually think of international trade agreements as attempts to solve the prisoner's dilemma that is inherent in trade policy. Each country would like to protect its own market, either because of powerful political interests in the import-competing sector or the desire to exercise its market power in trade. However, each country's protection has a negative impact on the welfare of its trading partners by denying market access to their exporters and worsening their terms of trade. Unilateral actions of countries in setting trade policy will thus result in an inefficiently high level of protection. The role of international trade agreements, such as the Agreement Establishing the World Trade Organization (WTO), is to provide a forum in which countries may negotiate mutually beneficial reductions in those trade barriers.
As a result of the Uruguay Round of trade negotiations, the scope of the WTO was expanded to include the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). The TRIPS Agreement represents a substantial departure from previous international conventions on intellectual property rights (IPRs). First, it covers a broad range of IPRs under a single accord. Previously, there were separate agreements covering copyrights (Berne Convention) and industrial property (Paris Convention) that had widespread membership, but other aspects of intellectual property, such as computer software and trade secrets, were not covered by significant treaties.
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- International Public Goods and Transfer of Technology Under a Globalized Intellectual Property Regime , pp. 831 - 851Publisher: Cambridge University PressPrint publication year: 2005
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