A Neofederalist Vision of TRIPS

Graeme B. Dinwoodie is the Professor of Intellectual Property and Information Technology Law at the University of Oxford. Before returning to the UK, he taught at several U.S. law schools and has also held a Chair at Queen Mary College, University of London. In 2008, Professor Dinwoodie was awarded the Pattishall Medal for Excellence in Teaching Trademark and Trade Identity Law by the International Trademark Association. Professor Dinwoodie is a member of the American Law Institute, and has served as a consultant to both the World Intellectual Property Organization and the United Nations Conference on Trade and Development. He has been Chair of the Intellectual Property Section of the Association of American Law Schools, and is the current President of the Association of Teachers and Researchers in Intellectual Property Law (ATRIP).Rochelle C. Dreyfuss is the Pauline Newman Professor of Law at New York University School of Law and Co-director of the Engelberg Center on Innovation Law and Policy at NYU. She is a member of the American Law Institute and was a co-Reporter for its Project on Intellectual Property: Principles Governing Jurisdiction, Choice of Law, and Judgments in Transnational Disputes. She is presently serving on the Academies' Committee on Science, Technology, and Law.

• Preface ; Acknowledgements ; PART I. Where We Were: The Structure of Intellectual Property and the History of the TRIPS Debate ; Chapter 1. The Challenges of the TRIPS Agreement ; Chapter 2. The History and Character of TRIPS and how it Shapes the Contemporary Debate ; PART II. Where we Are: Dispute Resolution and its Impact on a Neofederalist Vision of TRIPS ; Chapter 3. The Dispute Settlement Understanding and Interpretation of the Substantive Features of the TRIPS Agreement ; Chapter 4. Interpretation Continued: The Structural Features of the TRIPS Agreement ; Chapter 5: TRIPS and Domestic Lawmaking ; PART III. Where We Are Headed: Intellectual Property Lawmaking For the Twenty-First Century ; Chapter 6: The WTO, WIPO, ACTA, and More: Fragmentation and Integration ; Chapter 7: An International Acquis: Integrating Regimes and Restoring Balance ; Notes ; Index

"The crowning achievement of a more than a decade of incisive scholarly analysis by two leading scholars of intellectual property law and policy, A Neofederalist Vision of TRIPS offers an astute and balanced prescription for the future of the international intellectual property system. Suffused with insightful analysis and diverse examples, the authors tackle the core challenge facing lawmakers and adjudicators alike-promoting a global innovation regime thatpreserves space for national experimentation and accommodates competing interests and values." --Lawrence R. Helfer, Harry R. Chadwick, Sr. Professor of Law, Co-Director, Center for International &Comparative Law, Duke University School of Law"In this innovative analysis of the normative and institutional architecture of the TRIPS Agreement, Professors Dinwoodie and Dreyfuss offer specialists and novices alike a remarkably cogent and insightful framework in which to assess the inevitable tensions arising from the array of values that inform national and supranational intellectual property rules and processes. They provide readers a doctrinally satisfying and structurally sound exposition of thevarious modes of interaction between the WTO, WIPO and national governments, and the potential for a global intellectual property acquis that both promotes innovation and respects cultural and socialdistinctions between nation states. This book is a 'must read' and a 'must have' for any serious student of the international intellectual property system." --Ruth L. Okediji, University of Minnesota Law School"Professors Dreyfuss and Dinwoodie have given us a uniquely insightful and illuminating book on the meaning of the TRIPS Agreement. Their Neo-Federalist approach could become the key to the long-term stability and success of that same Agreement. It should be required reading for everyone working in this field, especially for judges sitting on WTO dispute-settlement panels and the Appellate Body." --Jerome Reichman, Duke Law School"This book is an extraordinarily valuable addition to the complex debate about international intellectual properly. The analytical depth of this book and its authors' understanding of how international intellectual property norms interact with domestic laws makes this an important resource for policy makers, scholars and students of intellectual property. The authors provide the reader with a thoroughly analyzed and detailed vision of international intellectualproperty and, consequently, with an invaluable tool and an important resource for those interested in the future of innovation and creativity." --Susy Frankel, Professor of Law, Victoria University ofWellington, New Zealand; Director of New Zealand Centre of International Economic Law"Professors Dinwoodie and Dreyfuss's recent book, A Neofederalist Vision of Trips, is an important and exciting new addition to debates about international intellectual property governance... With this book, Dinwoodie and Dreyfuss have moved the discussion about global intellectual property regulation forward in significant and important ways, providing detailed analysis of new local innovations, focusing attention on the structural features of theTRIPS agreement, and generating new proposals for resolving conflicts of authority and norms both internal and external to the TRIPS regime. It would be a highly valuable read for anyone who works in the field ofinernational intellectual property." --The IP Law Book Review