In 2006, I published TRIPS and Its Discontents in a symposium commemorating the tenth anniversary of the WTO TRIPS Agreement. At that time, developing countries were deeply discontent with the Agreement and the new and higher intellectual property standards that the WTO had imposed upon them. By...

In October 2020, India and South Africa submitted an unprecedented proposal to the WTO, calling for the partial suspension of the TRIPS Agreement to facilitate the "prevention, containment or treatment of COVID-19." Although this proposal immediately received considerable support from other WTO...

In the intellectual property arena, policymakers and commentators have advanced different proposals to combat the COVID-19 pandemic. One pathbreaking proposal that has become highly controversial calls for a waiver of more than thirty provisions in the WTO TRIPS Agreement, covering copyrights,...

A quarter of a century ago, the adoption of the TRIPS Agreement and the marriage of intellectual property and trade through the WTO transformed the international intellectual property regime. This Agreement ushered in not only new international minimum standards for protecting and enforcing...

The past few years have seen not only a trade war between China and the United States involving tariffs on close to $750 billion worth of goods, but also multiple complaints filed by both countries before the WTO Dispute Settlement Body. A key driver behind these ongoing tensions and conflicts...

The COVID-19 pandemic has presented many paradoxes that raise complex law and policy questions with no satisfactory answers. Policymakers and commentators have already identified many contradictions, ironies and hard-to-reconcile positions at the intersection of international law and global...

Post-sale confusion is a concept used to protect trademark holders even when no consumer confusion exists at the point of sale. Instead, protection is granted based on the fact that future purchasers or other consumers will be confused after the sale and such confusion will harm trademark...

Written as part of the festschrift in honor of Professor Rochelle Dreyfuss, this tribute focuses on developments emerging from the use of investor-state dispute settlement in the intellectual property area. It explores the changing chemistry between intellectual property and investment law....

In December 2015, the United Nations adopted the 2030 Agenda for Sustainable Development. This agenda sought to achieve development for the next fifteen years and featured seventeen sustainable development goals (SDGs). Focusing on issues lying at the intersection of intellectual property...

About three decades ago, the TRIPS Agreement arrived with the establishment of the World Trade Organization. This agreement transformed the international intellectual property regime by marrying intellectual property with trade. Despite having its standards drawn mostly from the Global North,...