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Intellectual Property, Trade & Development: The State of Play

dc.contributor.authorGervais, Daniel J.
dc.identifier.citation74 Fordham L. Rev. 505en_US
dc.description.abstractThis Article considers, first, available economic, social, and cultural analyses of the impact of intellectual property protection in developing countries. Economics provides a useful set of analytical tools and are directly relevant, in particular since the successfully arranged marriage of IP and trade rules after which it became inevitable that IP rules would be measured using an economic yardstick. The Paper also considers the claim that making proper intellectual property policy is impossible or inherently unreliable because theoretical models are inadequate or valid empirical data unavailable. Against this backdrop, the Article then examines the emergence of the World Trade Organization (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). TRIPS added a significant level of comfort for multinational corporations deciding when and where to export to new markets or expand research and development efforts. The Article also considers the Doha Ministerial Declaration of November 2001 and follow-up work on access to medicines. In the second Part, this Article discusses recent economic analyses of the impact of IP protection on bilateral trade flows and foreign direct investment (FDI). Wherever possible, lessons about the right level of intellectual protection for developing countries are drawn. Recent efforts in the World Intellectual Property Organization (WIPO) and the WTO are also discussed. In a third and final part, the Article looks at the current quest for a balanced approach and suggests ways in which such a balanced IP regime could be constructed, as part of a broad, knowledge-oriented economic development strategy.en_US
dc.format.extent1 document (33 pages)en_US
dc.publisherFordham Law Reviewen_US
dc.subjectintellectual property rightsen_US
dc.subjectinternational tradeen_US
dc.subjecteconomic developmenten_US
dc.subjectTRIPS agreementen_US
dc.subject.lcshIntellectual property (International law)en_US
dc.subject.lcshIntellectual property -- Developing countriesen_US
dc.subject.lcshInternational tradeen_US
dc.subject.lcshAgreement on Trade-Related Aspects of Intellectual Property Rights (1994 April 15)en_US
dc.titleIntellectual Property, Trade & Development: The State of Playen_US

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