Sunday, April 24, 2011

15 Years of TRIPS Implementation

The Journal of Intellectual Property Law at the University of Georgia Law School hosted a conference in January called "15 Years of TRIPS Implementation: Intellectual Property Protection From a Global Perspective." Peter Yu (Drake Law), who organized the conference, presented TRIPS and Its Achilles' Heel. Yu examines "why the TRIPS Agreement fails to provide effective global enforcement of intellectual property rights" and "lessons that can be drawn from the continuous battle between developed and less developed countries over international intellectual property enforcement norms."

Edward Lee (Chicago-Kent Law) presented Measuring TRIPS Compliance and Defiance: The WTO Compliance Scorecard, which "proposes the tabulation of a TRIPS Compliance Scorecard measuring a country's attempt to correct any treaty violation that a WTO panel or the Appellate Body has found against the country. . . . Two alternative methods are offered – a simple and a complex score to track the violating country's response. Scorecards are computed for WTO countries under both methods; in both cases, the U.S. ends up with the lowest score in 2011."

The other papers presented don't appear to be online:
  • Donald Harris (Temple Law), Evaluating the Success of TRIPS by Looking to Compulsory Licensing
  • Sean Flynn (American University Washington College of Law), From TRIPS to ACTA: The Rise of the Enforcement Agenda
  • Ruth Okediji (Minnesota Law), If WIPO Leads, Should the World Follow?: Decentralizing IP Norm-making Processes and the Norms That Result Therefrom
  • Henning Grosse Ruse-Khan (Max Planck Institute for Intellectual Property, Competition and Tax Law), The International Law Relation Between TRIPS and Subsequent TRIPS-Plus Free Trade Agreements: Towards Safeguarding TRIPS Flexibilities?
  • Susan Sell (George Washington), TRIPS Was Never Enough: TRIPS-Plus, ACTA, and the Trans-Pacific Partnership Negotiations

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