ABSTRACT
To what extent are the intellectual property rights (IPRs) of foreign countries the concern of the United States? To what extent do IPRs have a cultural, socioeconomic, and ideological dimension such that one normative paradigm of IPRs cannot be transplanted into another without further ado? Does the international distribution of IPRs involve a redistribution of wealth amongst countries, and if so, according to what just criteria should such a distribution take place? Are there due process issues arising from one country’s evaluation of another’s IPR regime? To what extent can IPRs be used to prize open foreign markets for US exports? In this process are WTO disciplines implicated? Is there a compelling case for special IPR treatment to be accorded to US pharmaceutical exports? Does a State have a right to condition foreign market access to trade and investment based upon the transfer of technology? Against such a background of questions this chapter focuses on the US Section 301 review process involving the enforcement of US concepts of IPRs in foreign countries.
