Can trips serve as an enforcement device for developing countries in the WTO?

Citation
A. Subramanian et J. Watal, Can trips serve as an enforcement device for developing countries in the WTO?, J INT EC LA, 3(3), 2000, pp. 403-416
Citations number
10
Categorie Soggetti
Law
Journal title
JOURNAL OF INTERNATIONAL ECONOMIC LAW
ISSN journal
13693034 → ACNP
Volume
3
Issue
3
Year of publication
2000
Pages
403 - 416
Database
ISI
SICI code
1369-3034(200009)3:3<403:CTSAAE>2.0.ZU;2-1
Abstract
Developing countries assert that the limited size of their markets renders conventional trade retaliatory actions by them ineffective. The complaint i s that they have no effective mechanism for forcing developed countries int o compliance with WTO obligations that have market access consequences for developing countries. This paper proposes a design for the use of TRIPS as a retaliatory weapon in WTO trade disputes that would overcome some of thes e difficulties. The proposal has many advantages: it is feasible, effective , legal, and has certain attractive attributes that are absent in conventio nal trade retaliation. The very presence of the threat of such retaliatory action in domestic intellectual property legislation could lead to improved compliance by developed countries.