Document Type
Article
Publication Date
10-2011
Journal Title
UCLA Journal of International Law and Foreign Affairs
ISSN
1089-2605
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
Volume Number
16
Issue Number
2
Publisher
UCLA School of Law
Recommended Citation
Peter K. Yu,
Are Developing Countries Playing a Better TRIPS Game,
16
UCLA J. Int'l L. Foreign Aff.
311
(2011).
Available at:
https://scholarship.law.tamu.edu/facscholar/394