To the End of History and Back Again A Critical Look at the Political Promise of TRIPS

To the End of History and Back Again:A Critical Look at the Political Promise of TRIPS
Jens Hillebrand Pohl, University of Maastricht

When TRIPS was concluded, many understood the agreement to embody a new gold standard of IP protection that made not only reforms to the Paris and Berne Conventions, but also further IP agreements unnecessary. The ubiquitous sprawling of specific IP agreements, and especially the inclusion of IP chapters in bilateral and multilateral free trade agreements has proven this wrong. Obligations to protect IP rights can now be found in bilateral and multilateral trade agreements, and can be enforced before domestic courts, the WTO and before investor-state tribunals. IP has become far more pervasive in society than ever before. For good, better, or worse?