Blackwell Reference Online

Extract

The conclusion of the Uruguay Round of multilateral trade negotiations ushered in an era of unprecedented formalism in the settlement of intellectual property disputes. Of all the accomplishments of this monumental Round, none has been as celebrated as the Dispute Settlement Understanding (DSU) , and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement). Together, these two treaties constitute an innovative framework for the multilateral regulation of intellectual property rights. The DSU established, for the first time, a means to secure enforcement of global rules for the protection of intellectual property rights. Prior to the TRIPS Agreement, unilateral efforts at enforcement, particularly under the infamous Section 301 mechanism of U.S. trade-legislation, were only partially successful and evoked accusations of abuse of power, particularly by developing countries that often were at the receiving end of this formidable strategy. Generally, scholars and commentators have considered the DSU a victory for both developed and developing countries. For all the covered WTO Agreements, the DSU provides remedies for noncompliance through sanctions proportionate to the value lost from an uncured violation. These options -compliance or sanctions-raised expectations by developed countries that the bargain represented by the TRIPS Agreement would yield ... log in or subscribe to read full text