Document Type
Article
Publication Title
University of Chicago Law Review
Abstract
The TRIPS Agreement, the instrument of the General Agreement on Tariffs and Trade (GATT) governing intellectual property protection at the international level, is structured to directly protect the rights of intellectual property holders. It does little, however, to explicitly safeguard the interests of those who seek to use protected works. User interests are largely left to domestic practice through provisions like the famous "three-part" tests, which permit members to create limited derogations from protection, but only so long as they do not unreasonably conflict with normal exploitation of the protected work or unreasonably prejudice the right holder (taking into account, in the case of patents, the interests of third parties). It is rapidly becoming evident, however, that there are problems with a bifurcated system that, in effect, permits members to expand intellectual property rights, but which makes them subject to challenge before the WTO when they reduce any of the incidents of protection. Developing countries are the most obviously vulnerable. This essay is mainly designed to make a case for using the next round of GATT negotiations to add explicit user rights to the Agreement.
First Page
21
Volume
71
Publication Date
2004
Recommended Citation
Dreyfuss, Rochelle C., "TRIPS—Round II: Should Users Strike Back?" (2004). Faculty Articles. 131.
https://gretchen.law.nyu.edu/fac-articles/131
