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AFRICA AND THE GLOBAL INTELLECTUAL PROPERTY SYSTEM: BEYOND THE AGENCY MODEL

AFRICA AND THE GLOBAL INTELLECTUAL PROPERTY SYSTEM: BEYOND THE AGENCY MODEL Introduction It has been over a decade since the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS Agreement)' was signed and entered into force as the prevailing standard for global intellectual property protection. There has since been considerable commentary on the substantive changes wrought by the TRIPS Agreement on intellectual property regulation, z but there are at least two features of the TRIPS milieu that should be clearly identified for their long-term impact on the structure and design of the international intellectual property system. First, TRIPS and its progeny, the WIPO Copyright Treaty (WCT)3 and the WIPO Performances and Phonograms Treaty (WPPT),4 heralded a new era of international intellectual property lawmaking characterized by the activities of non-state actors including special interest groups.5 Second, the integration of intellectual property in the multilateral trading system has infused policy considerations in the framework of international intellectual property regulation in an attempt to synthesize the welfare aspirations of both disciplines, despite schisms noted in the academic literature 6 In the past, such policy considerations were the exclusive preserve of the State. In the immediate aftermath of the conclusion of the Uruguay Round, scholars focused primarily on the doctrinal logic of http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png African Yearbook of International Law Online Brill

AFRICA AND THE GLOBAL INTELLECTUAL PROPERTY SYSTEM: BEYOND THE AGENCY MODEL

African Yearbook of International Law Online , Volume 12 (1): 45 – Jan 1, 2004

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
eISSN
2211-6176
DOI
10.1163/221161704X00088
Publisher site
See Article on Publisher Site

Abstract

Introduction It has been over a decade since the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS Agreement)' was signed and entered into force as the prevailing standard for global intellectual property protection. There has since been considerable commentary on the substantive changes wrought by the TRIPS Agreement on intellectual property regulation, z but there are at least two features of the TRIPS milieu that should be clearly identified for their long-term impact on the structure and design of the international intellectual property system. First, TRIPS and its progeny, the WIPO Copyright Treaty (WCT)3 and the WIPO Performances and Phonograms Treaty (WPPT),4 heralded a new era of international intellectual property lawmaking characterized by the activities of non-state actors including special interest groups.5 Second, the integration of intellectual property in the multilateral trading system has infused policy considerations in the framework of international intellectual property regulation in an attempt to synthesize the welfare aspirations of both disciplines, despite schisms noted in the academic literature 6 In the past, such policy considerations were the exclusive preserve of the State. In the immediate aftermath of the conclusion of the Uruguay Round, scholars focused primarily on the doctrinal logic of

Journal

African Yearbook of International Law OnlineBrill

Published: Jan 1, 2004

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