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9 Law & Bus. Rev. Am. 667 (2003)
Impact of Multinational Enterprises on Multilateral Rule Making: The Pharmaceutical Industry and the TRIPS Uruguay Round Negotiations

handle is hein.journals/lbramrca9 and id is 677 raw text is: IMPACT OF MULTINATIONAL ENTERPRISES ON MULTILATERAL RULE MAKING: THE PHARMACEUTICAL INDUSTRY AND THE TRIPS URUGUAY ROUND NEGOTIATIONS Mohamed Omar Gad* I. INTRODUCTION HE history of the negotiation of the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS Agreement)' and the context within which its initiation and progress occurred have been the subject of numerous legal and non-legal studies.2 In a significant number of those accounts, the discourse acknowledges that the rule mak- ing process of the TRIPS Agreement and more notably the background to this rule making process in terms of domestic, unilateral and bilateral developments in the area of intellectual property (IP) protection has been disproportionately influenced by the interests of Industrialised Countries' (ICs) corporate actors.3 Corporate interests with a stake in a *Mohamed Omar Gad is a member of the Egyptian Foreign Service, serving as Second Secretary at the Ministry of Foreign Affairs. He holds a B.A. in Econom- ics from the American University in Cairo. In addition to graduate studies in In- ternational Relations at the American University in Cairo, he holds an LL.M. in International Economic Law from the University of Warwick. He is a founding member of the London Forum for International Economic Law and Development. The views expressed herein reflect the personal research findings of the author, and do not relay any institutional position on the subject. 1. Agreement on Trade-Related Aspects of Intellectual Property Rights, Apr. 15, 1994, 33 I.L.M. 1197 (1994) [hereinafter TRIPS Agreement]. 2. See INTELLECTUAL PROPERTY AND INTERNATIONAL TRADE: THE TRIPS AGREE- MENT (Carlos M. Correa & Abdulqawi A. Yusuf eds., 1998); DANIEL J. GERVAIS, THE TRIPS AGREEMENT: DRAFTING HISTORY AND ANALYSIS (1998); JACQUES J. GORLIN, AN ANALYSIS 01 THE PHARMACELT-ICAL-RELATED PROVISIONS OF THE WTO TRIPS (INTELLECTUAL PROPERTY) AGREEMENT (1999); GATT OR WIPO? NEW WAYS IN THE INTERNATIONAL PROTECTION OF INTELLECTUAL PROPERTY (Friedrich-Karl Beier & Gerhard Schricker eds., 1989); FROM GATIT ro TRIPS: THE AGREEMENT ON TRADE-RELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHrrs (Friedrich-Karl Beier & Gerhard Schricker eds., 1996). 3. See Susan K. Sell, Multinational Corporations as Agents of Change: the Globaliza- tion of Intellectual Property Rights, in PRIVATE AUTHORITY AND INTERNATIONAL AFFAIRS, 169 (A. Claire Cutler et al. eds., 1999); Susan K. Sell, The Origins of a Trade-Based Approach to Intellectual Property Protection - The Role of Industry Associations, 17 Sci COMM. 163 (1995).

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