Document Type

Article

Publication Year

2011

Journal Title

UCLA Journal of International Law and Foreign Affairs

Abstract

The Agreement on Trade-Related Aspects of Intellectual Property Rights entered into force more than 15 years ago. Although commentators have widely criticized the Agreement for its failure to address the needs, interests, conditions, and priorities of less developed countries, few have examined whether these countries have now attained greater success in shaping the development of the Agreement than they did before. This Article seeks to fill the void by examining the performance of these countries at various stages of development of the TRIPS Agreement.

Utilizing game theory and game metaphors, this Article disaggregates the "TRIPS game" into five different mini-games: (1) negotiation; (2) implementation; (3) enforcement; (4) interpretation; and (5) compliance. The Article then analyzes the performance of less developed countries in these games. By documenting the state of play in each game, this Article highlights the complex and dynamic nature of TRIPS developments as well as the machinations of WTO members. The Article underscores the need for a more holistic perspective in studying the TRIPS Agreement.

First Page

311

Last Page

343

Num Pages

33

Issue Number

2

FIle Type

PDF

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