A Neofederalist Vision of TRIPS: The Resilience of the International Intellectual Property Regime by Graeme B. DinwoodieA Neofederalist Vision of TRIPS: The Resilience of the International Intellectual Property Regime by Graeme B. Dinwoodie

A Neofederalist Vision of TRIPS: The Resilience of the International Intellectual Property Regime

byGraeme B. Dinwoodie, Rochelle C. reyfuss

Hardcover | April 16, 2012

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The TRIPS Agreement (Agreement on Trade-Related Aspects of Intellectual Property Rights), signed on April 15, 1994, introduced intellectual property protection into the World Trade Organization's multilateral trading system for the first time, and it remains the most comprehensiveinternational agreement on intellectual property to date. A Neofederalist Vision of TRIPS by Graeme B. Dinwoodie and Rochelle C. Dreyfuss examines its interpretation, its impact on the creative environment, and its effect on national and international lawmaking. It propounds a vision of TRIPS as creating a neofederalist regime, one that will ensure the resilience of the international intellectual property system in time of rapid change. In this vision, WTO members retain considerable flexibility to tailor intellectual property law to their nationalpriorities and to experiment with changes necessary to meet new technological and social challenges, but agree to operate within an international framework. This framework, while less powerful than the central administration of a federal government, comprises a series of substantive and proceduralcommitments that promote the coordination of both the present intellectual property system as well as future international intellectual property lawmaking. Part I demonstrates the centrality of state autonomy throughout the history of international negotiations over intellectual property. Part II, which looks at the present, analyzes the decisions of the WTO in intellectual property cases. It concludes that the WTO has been inattentive to the benefitsof promoting cultural diversity, the values inherent in intellectual property, the rich fabric of its law and lore, the necessary balance between producers and users of knowledge goods, and the relationship between the law and the technological environment in which it must operate. Looking to thefuture, Part III develops a framework for integrating the increasingly fragmented international system and proposes the recognition of an international intellectual property acquis, a set of longstanding principles that have informed, and should continue to inform intellectual property lawmaking.The acquis would include both express and latent components of the international regime, put access-regarding guarantees such as user rights on a par with proprietary interests and enshrine the fundamental importance of national autonomy in the international system.
Graeme B. Dinwoodie is the Professor of Intellectual Property and Information Technology Law at the University of Oxford. He came to the United States in 1987 as a John F. Kennedy Scholar at Harvard Law School, and prior to taking up the IP Chair at Oxford, had taught at several U.S. law schools and held a Chair at Queen Mary College, ...
Title:A Neofederalist Vision of TRIPS: The Resilience of the International Intellectual Property RegimeFormat:HardcoverDimensions:304 pages, 9.25 × 6.12 × 0.98 inPublished:April 16, 2012Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0195304616

ISBN - 13:9780195304619

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Table of Contents

PrefaceAcknowledgementsPART I. Where We Were: The Structure of Intellectual Property and the History of the TRIPS Debate1. The Challenges of the TRIPS Agreement2. The History and Character of TRIPS and how it Shapes the Contemporary DebatePART II. Where we Are: Dispute Resolution and its Impact on a Neofederalist Vision of TRIPS3. The Dispute Settlement Understanding and Interpretation of the Substantive Features of the TRIPS AgreementInterpretation Continued: The Structural Features of the TRIPS Agreement5. TRIPS and Domestic LawmakingPART III. Where We Are Headed: Intellectual Property Lawmaking For the Twenty-First Century6. The WTO, WIPO, ACTA, and More: Fragmentation and Integration7. An International Acquis: Integrating Regimes and Restoring BalanceNotesIndex