ABSTRACT

The treatment of intellectual property rights under the WTO has proven particularly contentious. Developed countries have a comparative advantage in research-anddevelopment intensive industries, and they benefit from the monopoly profits earned before their technology becomes widely available in other countries. As a consequence, developed countries were strong advocates of the TRIPs agreement. Prior to the step, the United States had taken action unilaterally under provisions of the 1988 Omnibus Trade Act to retaliate against the exports of countries whose governments did not make reasonable efforts to enforce US patents and copyrights within their borders. China particularly was seen as a flagrant violator.