{"title":"Intellectual Property Arbitrage: How Foreign Rules Can Affect Domestic Protections","authors":"Pamela Samuelson","doi":"10.1017/CBO9780511494529.031","DOIUrl":null,"url":null,"abstract":"The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), concluded in 1994, has narrowed the range of issues on which nations can adopt differing IP rules. All World Trade Organization (WTO) member nations, for example, must now protect computer programs by copyright law.' Yet TRIPS plainly contemplates continued differences in national laws by signaling that nations are free to adopt higher-protection rules than the required minima' (which presumably means they need not do so). Nations are also \"free to determine the appropriate method of implementing the provisions of this Agreement within their own legal system and practice.\"' TRIPS restricts national autonomy by forbidding nations from treating foreigners less well than their own nationals,4 but this implicitly \"accept[s] the proposition that states may differ in their substantive laws.\"5 Other TRIPS provisions recognize that member states can adopt IP rules \"in a manner conducive to social and economic welfare\" and \"to promote","PeriodicalId":51436,"journal":{"name":"University of Chicago Law Review","volume":"9 1","pages":"223-239"},"PeriodicalIF":1.9000,"publicationDate":"2004-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"16","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"University of Chicago Law Review","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.1017/CBO9780511494529.031","RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
引用次数: 16
Abstract
The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), concluded in 1994, has narrowed the range of issues on which nations can adopt differing IP rules. All World Trade Organization (WTO) member nations, for example, must now protect computer programs by copyright law.' Yet TRIPS plainly contemplates continued differences in national laws by signaling that nations are free to adopt higher-protection rules than the required minima' (which presumably means they need not do so). Nations are also "free to determine the appropriate method of implementing the provisions of this Agreement within their own legal system and practice."' TRIPS restricts national autonomy by forbidding nations from treating foreigners less well than their own nationals,4 but this implicitly "accept[s] the proposition that states may differ in their substantive laws."5 Other TRIPS provisions recognize that member states can adopt IP rules "in a manner conducive to social and economic welfare" and "to promote
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The University of Chicago Law Review is a quarterly journal of legal scholarship. Often cited in Supreme Court and other court opinions, as well as in other scholarly works, it is among the most influential journals in the field. Students have full responsibility for editing and publishing the Law Review; they also contribute original scholarship of their own. The Law Review"s editorial board selects all pieces for publication and, with the assistance of staff members, performs substantive and technical edits on each of these pieces prior to publication.
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