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The changing landscape of International Intellectual Property
Authors:Gervais   Daniel J.
Affiliation:*PhD, Vice-Dean (Research) and Oslers Professor of Intellectual Property and Technology Law, Faculty of Law (Common Law), University of Ottawa. Former Head of Section, WIPO; and Legal Officer, GATT/WTO
Abstract:Legal context This paper explains the changing landscape ofinternational intellectual property. Since the Uruguay Roundnegotiations that led to the TRIPs Agreement, developing countriesand certain groups within industrialised nations have arguedthat the rules needed reform. Economic arguments based on theneed to enhance global welfare are used to justify their demands.Examples of the results they obtained in the last 24 monthsinclude the 2003 WTO Declaration on TRIPs and Public Healthand WIPO's Development Agenda. Key points This paper puts this change of landscape in perspective,explains its foundations and looks at the more important recenteconomic surveys and outlines their main conclusions. It alsodiscusses recent efforts in international organisations andacademic circles to consider intellectual property as part ofa broader picture and the need for countries to develop a morecomprehensive innovation strategy. Practical significance The article will be useful for anyonefollowing developments in multilateral intellectual propertynorm-setting by providing a deeper understanding of the issuesand new levels of discussion.
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