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This book examines the impact and shortcomings of the TRIPS Agreement, which was signed in Marrakesh on 15 April 1994. Over the last 20 years, the framework conditions have changed fundamentally. New technologies have emerged, markets have expanded beyond national borders, some developing states have become global players, the terms of international competition have changed, and the intellectual property system faces increasing friction with public policies.
The contributions to this book inquire into whether the TRIPS Agreement should still be seen only as part of an international trade regulation, or whether it needs to be understood – or even reconceptualized – as a generally accepted legal order of intellectual property. The perspective, therefore, is not that of defining the terms of an outright revision of the TRIPS Agreement. Rather, it is that of an interpretative evolution, which makes the Agreement better suited to the needs and expectations of today’s global economy.