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Journal of Intellectual Property Law & Practice Advance Access originally published online on January 31, 2006
Journal of Intellectual Property Law & Practice 2006 1(4):249-255; doi:10.1093/jiplp/jpl001
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© The Author (2006). Published by Oxford University Press. All rights reserved.

State of the Art

The changing landscape of International Intellectual Property

Daniel J. Gervais*
*PhD, Vice-Dean (Research) and Oslers Professor of Intellectual Property and Technology Law, Faculty of Law (Common Law), University of Ottawa. Former Head of Section, WIPO; and Legal Officer, GATT/WTO

Legal context This paper explains the changing landscape of international intellectual property. Since the Uruguay Round negotiations that led to the TRIPs Agreement, developing countries and certain groups within industrialised nations have argued that the rules needed reform. Economic arguments based on the need to enhance global welfare are used to justify their demands. Examples of the results they obtained in the last 24 months include the 2003 WTO Declaration on TRIPs and Public Health and WIPO's Development Agenda.

Key points This paper puts this change of landscape in perspective, explains its foundations and looks at the more important recent economic surveys and outlines their main conclusions. It also discusses recent efforts in international organisations and academic circles to consider intellectual property as part of a broader picture and the need for countries to develop a more comprehensive innovation strategy.

Practical significance The article will be useful for anyone following developments in multilateral intellectual property norm-setting by providing a deeper understanding of the issues and new levels of discussion.


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