The largest controversy in intellectual property law and policy today concerns the Anti-Counterfeiting Trade Agreement, which the United States and 30 partners signed in 2011-2012. It is being criticized in the United States both for its content (especially by Internet users) and for the process of approval.
The United States also pursues its interests through the Special 301 law (19 U.S.C. 2242). This law requires that the USTR annually identify “those foreign countries that (A) deny adequate and effective protection of intellectual property rights, or (B) deny fair and equitable market access to United States persons that rely upon intellectual property protection,” and also indicate which of them should be made subject to the threat of retaliation. When the law was first enacted in the 1980s these threats were made unilaterally, but since the conclusion of the Uruguay Round and the entry into force of the Agreement on Trade-Related Aspects of Intellectual Property Rights the United States has instead brought cases against countries in the WTO’s Dispute Settlement Body. Decision are due at the end of April.
The following are the most significant terms
in the Dictionary of Trade Policy regarding intellectual property
rights and related topics:
|Access to Medicines||Parallel Imports|
|Appellations of Origin||Patent|
|Cultural Exception||Process Patent|
|Fair Use||Published Works|
|Geographical Indications||Rome Convention|
|Industrial Property||Trade-Related Intellectual Pty. Rights|
|Intellectual Property Rights||Trademark|
|Literary Works||World Intellectual Property Org'n|
|:: IP Agreements in the WTO||:: Agreements Administered by WIPO||:: U.S. IP Laws|
The original IP provisions of GATT 1947 was Article XX(d), as supplemented or modified by provisions in articles XII(c)3(iii) (balance of payments), XVIII(10) (economic development). The principal IP agreement in the WTO regime is now the Agreement on Trade-Related Aspects of Intellectual Property Rights.
The following intellectual property agreements administered by the World Intellectual Property Organization are all incorporated in the Agreement on Trade-Related Aspects of Intellectual Property Rights:
The main U.S. laws dealing with these issues
are the "Special 301"
intellectual property statute and the
Practices (Section 337).