Forthcoming in H Ullrich, R Hilty, M Lamping, J Drexl, TRIPS plus 20 – From Trade Rules to Market Principles, Springer (2015) Max Planck Institute for Innovation & Competition Research Paper No. 15-05.
Abstract: In the 1980s, significant differences in the levels of intellectual property (IP) protection around the globe triggered unilateral responses of the US as the key demandeur for stronger IP rights. Aspects of this IP unilateralism in turn served as a trade barrier for the importation of goods from other countries into the US. Some of these US measures were successfully challenged as a breach of international trade rules under GATT.