2. J.P. Singh Georgetown University Communication, Culture, & Technology Program TRIPS: Negotiating Intellectual Property in the World Trading System J. P. Singh Summer Program on the WTO, International Trade and Development The Graduate Institute Geneva July 11, 2008

3. J.P. Singh Georgetown University Communication, Culture, & Technology Program What is intellectual property? Why is it property? What were the long-run drivers of a need for patents and copyrights?

4. J.P. Singh Georgetown University Communication, Culture, & Technology Program Precedents and Institutions 1474 Edict of Venice 1710Queen Anne’s Statute (copyright) 1883Paris Convention for the Protection of Intellectual Property (revised 1967) 1886Berne Convention for the Protection of Literary and Artistic Works (revised 1971) 1967 WIPO Established (precedent: BIRPI since 1893 1974 India’s Drug Price and Control Order 1975 Developing Countries want to Dilute Paris Convention 1986Punta del Este Ministerial Declaration

5. J.P. Singh Georgetown University Communication, Culture, & Technology Program GENERAL AGREEMENT ON TARIFFS AND TRADE (GATT) PUNTA DEL ESTE DECLARATION Ministerial Declaration of 20 September 1986 Trade-related aspects of intellectual property rights, including trade in counterfeit goods In order to reduce the distortions and impediments to international trade, and taking into account the need to promote effective and adequate protection of intellectual property rights, and to ensure that measures and procedures to enforce intellectual property rights do not themselves become barriers to legitimate trade, the negotiations shall aim to clarify GATT provisions and elaborate as appropriate new rules and disciplines. Negotiations shall aim to develop a multilateral framework of principles, rules and disciplines dealing with international trade in counterfeit goods, taking into account work already undertaken in the GATT. These negotiations shall be without prejudice to other complementary initiatives that may be taken in the World Intellectual Property Organization and elsewhere to deal with these matters.

6. J.P. Singh Georgetown University Communication, Culture, & Technology Program AGREEMENT ON TRADE-RELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHTS Members, Desiring to reduce distortions and impediments to international trade, and taking into account the need to promote effective and adequate protection of intellectual property rights, and to ensure that measures and procedures to enforce intellectual property rights do not themselves become barriers to legitimate trade; Recognizing, to this end, the need for new rules and disciplines concerning: (a)the applicability of the basic principles of GATT 1994 and of relevant international intellectual property agreements or conventions; (b)the provision of adequate standards and principles concerning the availability, scope and use of trade-related intellectual property rights; (c)the provision of effective and appropriate means for the enforcement of trade-related intellectual property rights, taking into account differences in national legal systems; (d)the provision of effective and expeditious procedures for the multilateral prevention and settlement of disputes between governments; and (e)transitional arrangements aiming at the fullest participation in the results of the negotiations; http://www.wto.org/english/docs_e/legal_e/legal_e.htm#TRIPs

7. J.P. Singh Georgetown University Communication, Culture, & Technology Program MAKING OF TRIPS Work of the Intellectual Property Committee: Bristol- Myers, CBS, Du Pont, GE, GM, Hewlett-Packard, IBM, Johnson & Johnson, Merck, Monsanto, Pfizer Section 301: “the principal statutory authority under which the United States may impose trade sanctions against foreign countries that maintain acts, policies and practices that violate, or deny U.S. rights or benefits under, trade agreements, or are unjustifiable, unreasonable or discriminatory and burden or restrict U.S. commerce.” Linking to GSP Framing: Piracy and Theft Venue-shopping

8. J.P. Singh Georgetown University Communication, Culture, & Technology Program DECLARATION ON THE TRIPS AGREEMENT AND PUBLIC HEALTH 4. We agree that the TRIPS Agreement does not and should not prevent Members from taking measures to protect public health. Accordingly, while reiterating our commitment to the TRIPS Agreement, we affirm that the Agreement can and should be interpreted and implemented in a manner supportive of WTO Members' right to protect public health and, in particular, to promote access to medicines for all…. 5. (b) Each Member has the right to grant compulsory licenses and the freedom to determine the grounds upon which such licenses are granted. 6. We recognize that WTO Members with insufficient or no manufacturing capacities in the pharmaceutical sector could face difficulties in making effective use of compulsory licensing under the TRIPS Agreement. We instruct the Council for TRIPS to find an expeditious solution to this problem and to report to the General Council before the end of 2002.

9. J.P. Singh Georgetown University Communication, Culture, & Technology Program MAKING OF THE DOHA HEALTH DECLARATION Galvanizing Impact of PhRMA’s challenge to Nelson Mandela’s 1997 “South African Medicines and Medical Devices Regulatory Authority Act. Africa Group and Coalition Building Legal and technocratic strategies Framing

10. J.P. Singh Georgetown University Communication, Culture, & Technology Program Into the Future? What will be the long run drivers of changes in IPRs? Thank you! Email: jps6@georgetown.edu

11. J.P. Singh Georgetown University Communication, Culture, & Technology Program Thinking internationally… Who are the actors in the global arena? Which actors do the international society theorists privilege? Why?

12. J.P. Singh Georgetown University Communication, Culture, & Technology Program Thinking internationally… What is the chief driver of actor interactions in -- International system --International society

13. J.P. Singh Georgetown University Communication, Culture, & Technology Program Thinking internationally… What are the dominant ‘forms’ of international interaction in an international society? How have these forms evolved over time?