Implications of the Agreement on Trade Related Aspects of Intellectual Property Rights for Cultural Dimensions of National Copyright Laws |
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| Authors: | Pamela Samuelson |
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| Institution: | (1) School of Information Management and Systems and Boalt Hall (School of Law), University of California at Berkeley, 102 South Hall, Berkeley, CA, 94720-4600, U.S.A |
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| Abstract: | Many national intellectual property laws contain provisions that reflect cultural values and have trade significance. Although cultural value defenses have generally been rejected by GATT and WTO panels, they may be more likely to succeed in intellectual property disputes because many culturally-laden rules are widely accepted in the international intellectual property arena. Moreover, intellectual products are less completely commodified than other products. Cultural economists can provide valuable insights to aid WTO in distinguishing between those culturally-laden intellectual property rules that should be or should not permitted when they have an impact on trade. |
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| Keywords: | intellectual property TRIPS world trade copyright |
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