The Making of the TRIPS Agreement

Personal insights from the Uruguay Round negotiations

Description :

The Making of the TRIPS Agreement presents for the first time the diverse personal accounts of the negotiators of this unique trade agreement. Their rich contributions illustrate how different policy perspectives and trade interests were accommodated in the final text, and map the shifting alliances that transcended conventional boundaries between developed and developing countries, with a close look at issues such as copyright for software, patents on medicines and the appropriate scope of protection of geographical indications. Contributors share their views on how intellectual property fitted into the overall Uruguay Round, the political and economic considerations driving TRIPS negotiations, the role of non-state actors, the sources of the substantive and procedural standards that were built into the TRIPS Agreement, and future issues in the area of intellectual property. In probing how negotiations led to an enduring agreement that has served as a framework for policy-making in many countries, the contributions offer lessons for current and future negotiators. The contributors highlight the enabling effect of a clear negotiating agenda, and underscore the important, but distinct, roles of the Chair, of the Secretariat and above all, of the negotiators themselves.

Published October 2015 | 475 pages | 150 x 230 mm | Weight: 0.850 kg

Contents
Notes on contributors
Foreword by Director-General Roberto Azevêdo
Preface by Jayashree Watal
List of abbreviations
Disclaimer and editorial note
PART I
Introduction, context and overview
1 Revisiting the TRIPS negotiations: Genesis and structure of this book
ANTONY TAUBMAN AND JAYASHREE WATAL
2 Thematic review: Negotiating “trade-related aspects” of intellectual property rights
ANTONY TAUBMAN
PART II
Anatomy of the negotiations
3 The TRIPS negotiations: An overview
ADRIAN OTTEN
4 Working together towards TRIPS
THOMAS COTTIER
5 Why we managed to succeed in TRIPS
JOHN GERO
6 Evaluating the TRIPS negotiations: a plea for a substantial review of the Agreement
MOGENS PETER CARL
7 Some memories of the unique TRIPS negotiations
MATTHIJS GEUZE
PART III
Perspectives from the developed world
8 Negotiating for the United States
CATHERINE FIELD
9 Negotiating for Switzerland
THU-LANG TRAN WASESCHA
10 Negotiating for the European Communities and their member states
JÖRG REINBOTHE
Photographic insert
PART IV
Perspectives from the developing world
11 Negotiating for India
A.V. GANESAN
12 Negotiating for Brazil
PIRAGIBE DOS SANTOS TARRAGÔ
13 Negotiating for Argentina
ANTONIO GUSTAVO TROMBETTA
14 Negotiating for Malaysia
UMI K.B.A. MAJID
15 Negotiating for Hong Kong
DAVID FITZPATRICK
PART V
Negotiating substantive areas of TRIPS
16 Patents: An Indian perspective
JAYASHREE WATAL
17 Copyright: A Nordic perspective
HANNU WAGER
18 Copyright: An Indian perspective
JAGDISH SAGAR
19 Dispute settlement in TRIPS: A two-edged sword ADRIAN MACEY
APPENDICES
I Lars Anell, Keynote speech at the TRIPS Symposium, 26 February 2015
II Status of Work in the Negotiating Group, Chairman’s Report to the GNG, 23 July 1990
III TRIPS excerpt of the Dunkel Draft, 20 December 1991