TRIPs and its Discontents

This Article traces the development of the TRIPs Agreement and explores why less developed countries were dissatisfied with the international intellectual property system. It also looks at the future challenges confronting these countries and what they need to do to preserve the goals and intentions behind the TRIPs negotiations. The Article begins by describing the four different narratives used to explain the origins of the TRIPs Agreement. It contends that, while none of these narratives is complete, each of them provides valuable insight into understanding the context in which the Agreement was created.

The Article then explores why less developed countries have been dissatisfied with the international intellectual property system and discusses latest developments in the area, such as the recent WTO debacle in Cancun, the proliferation of bilateral and plurilateral free trade agreements, and the increasing use of technological protection measures. The Article concludes by offering suggestions on how less developed countries can take advantage of the TRIPs Agreement and reform the international intellectual property system.