The closing decade of the 20th century witnessed the emergence of a WTO ‘supercourt’ having the power to review states’ intellectual property legislation. This article challenges the use of law as an instrument of global economic integration without a commensurate growth in legitimacy and public accountability to accompany the process. The recent case of United States and India—Patent Protection for Pharmaceutical and Agricultural Chemical Products provides a focal point for an analysis of key issues of legitimacy in the dispute resolution process. The article concludes that matters would be best remedied with an appropriate theoretical model in mind. To this end, having reviewed various models of trade legalism, the author endorses the stakeholder model as best suited to underpin the necessary reforms.

PAGES
395 – 410
DOI
All content is freely available without charge to users or their institutions. Users are allowed to read, download, copy, distribute, print, search, or link to the full texts of the articles in this journal without asking prior permission of the publisher or the author. Articles published in the journal are distributed under a http://creativecommons.org/licenses/by/4.0/.
Issues
Also in this issue:
-
Ryan Jenkins, David Černý and Tomáš Hříbek (eds) Autonomous Vehicle Ethics: The Trolley Problem and Beyond
-
As open as possible, but as closed as necessary: openness in innovation policy
-
Turning sportswashing against sportswashers: an unconventional perspective
-
State secrets and compromises with capitalism: Lev Theremin and regimes of intellectual property
-
In search of an author
Intellectual Property Disputes and the Supercourt of the World Trade Organisation: The Case for a New Model of Dispute Resolution
PAPERS