Levin, Marianne --- "The Pendulum Keeps Swinging – Present Discussions on and Around the TRIPS Agreement" [2011] ELECD 202; in Kur, Annette (ed), "Intellectual Property Rights in a Fair World Trade System" (Edward Elgar Publishing, 2011)

Book Title: Intellectual Property Rights in a Fair World Trade System

Editor(s): Kur, Annette

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781849800099

Section: Chapter 1

Section Title: The Pendulum Keeps Swinging – Present Discussions on and Around the TRIPS Agreement

Author(s): Levin, Marianne

Number of pages: 58

Extract:

1. The pendulum keeps swinging ­
present discussions on and around
the TRIPS Agreement
Marianne Levin

1. INTRODUCTION

Intellectual property (IP) rights in some form are almost universally
recognized as an essential policy tool for market economies. During the
last two decades the system has been expanding with respect to objects
of protection, scope of protection, period of protection, as well as in
importance. Part of this obvious expansion has to do with modern tech-
nological developments. The greater appreciation seems to be a reflection
of the increasing awareness of the value of intellectual assets in success-
ful business enterprises, which in turn is reflected in politicians' attitudes
towards the importance of the IP system for the national and international
economy. Lately, however, the global legitimacy of the system has been
challenged and has become the object of intense discussions. There are
good reasons to ask whether these challenges are really directly IP-related
or rather a battle over political and economic powers in the world, where
IP has become a symbol for developed countries' hegemonial business
interests. Nevertheless, depending on from which starting point the system
is approached, the answer to what IP is, or should be, is inconclusive: a
financial asset; a tool of national or international competitiveness; a moral
issue; or a means to rapidly share technological solutions to complex
problems?1
As can be seen from the title of this chapter, the aim here is merely to
provide a brief introductory, overarching and fairly superficial summary
of ...