chapter  7
Unilateralism (Section 301) to Multilateralism (GATT): Settlement of International Intellectual Property Disputes After the Uruguay Round
WithTed L. McDorman
Pages 21

This chapter outlines the multilateral dispute settlement process that will exist for international intellectual property disputes following successful completion of the Uruguay Round. The existing regime seeks to minimize conflicts between countries over differences in their national intellectual property laws and practices rather than establish norms and standards. Coupled with the substantive standards on the availability, scope and use of intellectual property rights and the standards on enforcement of intellectual property rights in the Trade Related Aspects of Intellectual Property Rights (TRIPs) Agreement is the need for an impartial, workable process to evaluate adherence to these standards when disputes arise. The key principles for dispute avoidance and resolution in international trade matters, to which the TRIPs Agreement will belong, are: transparency, consultation, independent examination and reciprocity. The ability to rely upon an independent panel of experts to evaluate the merits of a complaint of non-adherence to the TRIPs Agreement will remove the determination of illegality from a single country.