6 - Life after TRIPS: aggression and opposition

Summary

The TRIPS agreement is hardly the end of the story. In many ways, it is just the beginning. The machinery is now in place. Domestic and international institutions have been enlisted in the enforcement of TRIPS. The reach of private power has been extended far beyond its architects (Cutler, Haufler and Porter, 1999: 358). This new global regulation of intellectual property rights requires a “web of surveillance” (Braithwaite and Drahos, 2000: 87), particularly since the vast majority of countries signing on to TRIPS will be negatively affected (at least in the short term). Net importers of IP-based goods and services will pay higher costs. The web of surveillance operates on multiple levels. The private sector activists continue to play a central role in monitoring implementation and enforcement efforts. Domestic state institutions are responsible for adopting and enforcing TRIPS-compliant policies. The WTO provides an additional and crucial resource for the global regulation of intellectual property. This web of surveillance now becomes part of the structure. The process continues, and new areas of contestation have emerged. The first part of this chapter is devoted to the web of surveillance. The second half focuses on emerging areas of contestation, including active and increasingly mobilized opposition to TRIPS.

Since the adoption of TRIPS, its architects have remained vigilant in monitoring the implementation and compliance of TRIPS worldwide. They have continued to avail themselves of the US Section 301 apparatus to pressure developing countries to alter their domestic IP policies.