San Diego International Law Journal Issue Search
|Title||TRIPS: With a Painful Birth, Uncertain Health, and a Host of Issues in China, Where Lies Its Future?|
|Abstract||In recent decades, the United States and other western nations have used pragmatic and theoretical reasons to justify a strong, global intellectual property ("IP") regime. From a practical perspective, economically mature nations clearly have a direct, vested interest in preventing the piracy of patented goods and ensuring that their domestic agendas maximize financial protection for inventions or creations. Nevertheless, the supranational disregard of patent protection and IP piracy has a financial impact on numerous companies, as well as the taxpaying citizens, in developed countries. These disparate foundations for basic IP rights result in a haphazard theoretical grounding to the Agreement on Trade-Related Intellectual Property Rights ("TRIPS"), the most prominent international IP accord. Part II of the paper describes the highly significant, yet often overlooked, role of TRIPS
"history in engendering animosity amongst many less-developed nations". Part III considers the dynamics of the growing and maturing economy in China, the world's second largest economic power... Lastly, Part IV proposes some modifications to the current international IP regime.