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A Neofederalist Vision of TRIPSThe Resilience of the International Intellectual Property Regime$
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Graeme B. Dinwoodie and Rochelle C. Dreyfuss

Print publication date: 2012

Print ISBN-13: 9780195304619

Published to Oxford Scholarship Online: May 2012

DOI: 10.1093/acprof:oso/9780195304619.001.0001

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The WTO, WIPO, ACTA, and More

The WTO, WIPO, ACTA, and More

Fragmentation and Integration

(p.143) 6 The WTO, WIPO, ACTA, and More
A Neofederalist Vision of TRIPS

Graeme B. Dinwoodie

Rochelle C. Dreyfuss

Oxford University Press

International intellectual property lawmaking since TRIPS has involved many different actors, in many different fora, under a variety of conditions, leading to the phenomenon of fragmentation. This Chapter discusses many of these lawmaking initiatives (such as bilateral free trade agreements, ACTA, the Transpacific Partnership Agreement, WIPO Development Agenda, and soft law instruments). It addresses both efforts at further commodification and the promulgation of counternorms that clarify the space where TRIPS does not require commodification. The Chapter develops a framework for integrating these developments into the WTO regime and thus gaining the benefits of regulatory competition while minimizing the costs of fragmentation. It rejects the approach of aggressive integration suggested by the International Law Commission; TRIPS offers ample opportunities for norm-integration-through-interpretation. The weight to be given to materials drawn from outside the WTO should reflect the source and timing of the instrument, governance issues, and the relationship between the coverage of the instrument and that of TRIPS. The WTO can also reduce fragmentation through its lawmaking activities, including deliberations in the Council for TRIPS. Treating other specialised institutions (eg the WHO) as partners in the international system might facilitate regulatory cooperation, and the Chapter thus suggests procedural mechanisms to take advantage of that expertise.

Keywords:   fragmentation, integration, Anti-Counterfeiting Trade Agreement Act (ACTA), Transpacific Partnership Agreement, development agenda, soft law, commodification, counternorms, integration-through-interpretation, regulatory cooperation

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