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5 J. Ginbsurg and A. Lucas, “The Role of Private International Law and Alternative Dispute Resolution” in Intellectual Property on the Internet: A Survey of Issues, WIPO Report WIPO/INT/02 at ¶283.Google Scholar

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7 for the sake of simplicity and convenience, in this paper, I shall refer to International Conventions, Treaties, Agreements, Classifications and Global Protection Systems as international agreements.Google Scholar

8 While it is not desired that we venture into arguments with regards to semantics and literal interpretations of the statement in question, and it is preferred that I base my critical evaluation of whether there is such thing as international intellectual property primarily on the state of the law, given the exercise at hand, it will be useful to dispose of the obvious arguments which stem from the plain language of the term “international intellectual property.”Google Scholar

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21 It is submitted that definitions in agreements such as Article 1(2) of TRIPs is not appropriate as such definition is for the purposes of the operation of the instrument, not a proper definition as contemplated by the suggestion that there is no such thing as international intellectual property.Google Scholar

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37 supra 29 at 7. It is noted that Heifer acknowledges that regime shifting is adopted by developing countries, developed countries and NGOs. However, it was highlighted that “it is widely believed that powerful states are far more adroit at shaping regimes to reflect their interests—a belief borne out by the success of the United States and the EC in shifting intellectual property lawmaking from WIPO to GATT to TRIPs”Google Scholar

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48 Paris Convention for the Protection of Industrial Property, March 20, 1883, revised at Stockholm July 14, 1967, 828 U.N.T.S. 305.Google Scholar

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51 Madrid Agreement (Marks), 1891; Madrid Agreement (Indication of Source), 1891.Google Scholar

52 Hague Agreement, 1925.Google Scholar

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57 TRIPs came into effect on 1 January 1995 – World Trade Organization Website http://www.wto.org/english/tratop_e/trips_e/intel2_e.htm.Google Scholar

58 Agreement on Trade-Related Aspects of Intellectual Property Rights, April 15, 1994, (1994) 33 I.L.M. 1197.Google Scholar

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60 Article 2 and 9 TRIPs.Google Scholar

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64 for example, the Patent Law Treaty; Singapore Treaty on the Law of Trademarks; International (Nice) Classification of Goods and ServicesGoogle Scholar

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68 These attributes have been identified by a number of authors including Fiona Rotstein, supra 38; Chow & Lee, supra 3; C. Correa and S. Musungu, “The WIPO Patent Agenda: The Risks for Developing Countries” (South Centre 2002) 1; Peter Drahos, “The Universality of Intellectual Property Rights: Origins and Development”, WIPO Panel Discussion Papers, (London 1999).Google Scholar

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72 Adopted by countries such as the United States – see Resource Book on TRIPs and Development: An Authoritative and Practical Guide to the TRIPs Agreement, (2005) Part 1 Section 4: Basic Principles.Google Scholar

73 for example, the Preamble and Article 1.1 TRIPs.Google Scholar

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77 Convention on the Grant of European Patents of 5 October 1973.Google Scholar

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