TY  - GEN
AB  - This book examines the TRIPS Agreement: 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 national priorities 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 procedural commitments 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 national autonomy throughout the history of international negotiations over intellectual property. Part II analyzes the decisions of the WTO in intellectual property cases, and finds them lacking in many respects. Looking to the future, 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.
AU  - Dinwoodie, Graeme B.,
AU  - Dreyfuss, Rochelle C.,
ID  - 48006
KW  - Intellectual property (International law)
KW  - Foreign trade regulation
KW  - Intellectual property law
KW  - Trade-Related Aspects of Intellectual Property (TRIPS)
LA  - eng
LK  - https://doi.org/10.1093/acprof:oso/9780195304619.001.0001
N2  - This book examines the TRIPS Agreement: 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 national priorities 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 procedural commitments 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 national autonomy throughout the history of international negotiations over intellectual property. Part II analyzes the decisions of the WTO in intellectual property cases, and finds them lacking in many respects. Looking to the future, 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.
SN  - 9780199933273
T1  - A Neofederalist Vision of TRIPS:The Resilience of the International Intellectual Property Regime
TI  - A Neofederalist Vision of TRIPS:The Resilience of the International Intellectual Property Regime
UR  - https://doi.org/10.1093/acprof:oso/9780195304619.001.0001
ER  -