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Dinwoodie, Graeme B.; Dreyfuss, Rochelle C. --- "Enhancing Global Innovation Policy: The Role of WIPO and its Conventions in Interpreting the TRIPS Agreement" [2010] ELECD 445; in Correa, M. Carlos (ed), "Research Handbook on the Protection of Intellectual Property under WTO Rules" (Edward Elgar Publishing, 2010)

Book Title: Research Handbook on the Protection of Intellectual Property under WTO Rules

Editor(s): Correa, M. Carlos

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781847209047

Section: Chapter 4

Section Title: Enhancing Global Innovation Policy: The Role of WIPO and its Conventions in Interpreting the TRIPS Agreement

Author(s): Dinwoodie, Graeme B.; Dreyfuss, Rochelle C.

Number of pages: 36

Extract:

4 Enhancing global innovation policy:
the role of WIPO and its Conventions in
interpreting the TRIPS Agreement
Graeme B. Dinwoodie and
Rochelle C. Dreyfuss*


1 Introduction
In recent years, it has become clear that the TRIPS regime is in trou-
ble.1 Although lawmaking in the World Trade Organization (WTO)
has essentially stalled,2 there is a continuing need to recalibrate the
rules applicable to knowledge production. For developing countries,
entry into the WTO was a compromise. When intellectual property law-
making was centered in the World Intellectual Property Organization
(WIPO), these nations resisted attempts to increase the level of protec-
tion. That changed, however, with the inclusion of intellectual property
in negotiations over trade: in return for access to markets in the devel-
oped world, developing countries were required to enact and enforce
new intellectual property laws.3 While the TRIPS Agreement tried to
ease their conversion to greater protection, the transitional provisions
it included proved to be largely illusory: the time periods for compli-
ance were too short; the promises of technology transfer and technical
assistance, inadequately realized.4 Paradoxically, for some developing


* The authors have published a more detailed account of the issues discussed
in this chapter see `Designing a Global Intellectual Property System Responsive to
Change: The WTO, WIPO, and Beyond', 46 Hous. L. Rev. 1187 (2009).
1
Agreement on Trade-related Aspects of Intellectual Property Rights (1994),
Marrakesh Agreement Establishing the World Trade Organization [hereinafter
WTO Agreement], Annex 1C, Legal Instruments ­ Results of the Uruguay ...