Show Less
You do not have access to this content

Advanced Introduction to International Trade Law

Michael J. Trebilcock Joel Trachtman

Written by two leading scholars with 60 years of collective experience in the area, this insightful updated second edition provides a clear and concise introduction to the fundamental components of international trade law, presenting the basic structure and principles of this complex area of law, alongside elucidation of specific GATT and WTO legal rules and institutions. Key updates include references to the most recent cases, decisions and treaty negotiation developments, analysis of populist critiques of international trade law and analysis of new areas including digital trade and security exceptions.
Show Summary Details
You do not have access to this content

Trade-related intellectual property rights

Michael J. Trebilcock Joel Trachtman


Prior to the launch of the Uruguay Round of multilateral trade negotiations in 1986, there were growing concerns in the USA and other developed countries over loss of export markets in various developing and newly industrializing countries due to weak protection of intellectual property rights. Some of these concerns related to counterfeit goods and the misappropriation of trademarks (for example, fake Rolex watches or Nike garments). Other concerns related to unauthorized reproduction of sound recordings and videos and breach of copyright held in these recordings or videos by the original performers or their publishers. Further concerns related to substantively lower levels of patent protection and less effective procedural protection of patent rights in many countries, leading to a proliferation of imitation products, including generic pharmaceuticals. For developed countries, which were losing their comparative advantage in low-skilled, “smokestack” manufacturing industries to developing and newly industrializing countries, it became an important priority to seek better protection of their comparative advantage in scientific and technological innovation through stronger protection of intellectual property rights.

As to justifications for extending western-style protection of intellectual property rights to developing or newly industrializing countries, proponents relied in part on deontological natural rights (Lockean) theories of labour whereby all individuals can claim a proprietary right to all the fruits of their labour, and hence argued that appropriation by others of the fruits of the labour of innovators was tantamount to “stealing from the mind”,1 although such theories would seem to imply an infinite duration to...

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.

Further information

or login to access all content.