n Acta Juridica - Fostering dynamic innovation, development and trade : intellectual property as a case study in global administrative law : intellectual property and GMO issues in global administrative law : part III

Volume 2009, Issue 1
  • ISSN : 0065-1346
  • E-ISSN: 1996-2088



The World Trade Organisation (WTO) is currently suffering from a lawmaking deficit. Reliance on consensus-based decision-making has stymied the political process. At the same time, lawmaking through the Understanding on Dispute Settlement (DSU) suffers from concerns about the legitimacy of law created through 'adjudication' rather than party agreement. Less well understood are the special problems that this deficit poses for TRIPS, the intellectual property portion of the WTO Agreement. Admittedly, a great deal of attention has focused on the question of making essential medicines available in the developing world. However, that issue barely scratches the surface of the problems that the creative community is facing.

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