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90 Tul. L. Rev. 903 (2015-2016)

handle is hein.journals/tulr90 and id is 953 raw text is: International Intellectual Property Shelters Sam F. Halabi* The battle over the reach and strength of intemational protecions for intellectual property rights is one of the critical flashpoints between wealthy and low-income countres: those protections are perceived to obstruct access to essential medicines, thwart regulatory efforts to promote ndvidual and population health, and undermine traditional forms of agrculturc and foodproduction. Wule scholars have thorougly tracked the bilateral and multilateral trade and investment treaties responsible for the expansion of international intellectual property nghts worldwide, they ha ve paid significantly less attention to the strength and form that opposition to international intellectual property expansion has taken. This Article examines the proliferation of international legal agreements that carve out special areas of intellectual property for treatment that differs from protections extended under international trade and investment rules and argues that they should be reconceived as a unified body of intemational economic law Responding to demands from low- and middle-income countries that benefits from intellectual property protections be more equitably shared these 'international intellectual property shelters include the Doha Declaration on the TRJPS Agreement and Public Health, the World Health Organization s Pandemic Influenza Preparedness Standard Manual TransferAgreements, the Framework Convention on Tobacco Control, the International Treaty on Plant Genetic Resources for Food and Agriculture, and the proposed Medical Research and Innovation Treaty This Article analyzes the circumstances that give rise to international intellectual prmpeny shelters and the aspects of intellectual property rghts they attempt to regulate. While these shelters are advocated as safeguards for areas ofglobalpub'c welfare, such as food security and population health, they tend to arise in areas in which a small number ofknowledge-intensive firms dominate global markets International intellectual propeity shelters should therefore be understood as forms of supranational regulation ofthose irAms. I. IN TRODUCTION ............................................................................. 905 II. THE GROWING STRENGTH OF INTERNATIONAL INTELLECTUAL PROPERTY PROTECTIONS .................................... 911 * © 2016 Sam E Halabi. Associate Dean for Faculty Development and Associate Professor of Law, The University of Tulsa, and Scholar, O'Neill Institute for National and Global Health Law, Georgetown University. J.D. 2005, Harvard; M.Phil. 2001, Oxford; B.S. 1999, Kansas State University. The author would like to thank participants at the ASIL Biennial International Economic Law Workshop at the University of Denver, the Junior Scholars in Intellectual Property Workshop, the Midwest Regional International Law Scholars' Conference, the Texas A&M Intellectual Property Roundtable, and the University of Oklahoma College of Law's Junior Scholars Conference. Thanks go to Raj Bhala, Sarah Burstein, Anna Carpenter, Kevin Fandl, Paolo Farah, Roger Ford, Bryan Frye, Stephen Galoob, Yaniv Heled, Virginia Harper Ho, Ali Khan, Matt Lankin, Jake Linford, Melissa Luttrell, Craig Martin, Melissa Mortazavi, Guy Rub, Janewa Osei Tutu, Ana Santos Rutschman, Mike Schuster, Frederic Sourgens, Elizabeth Trujillo, Ryan Vacca, Kristen Van De Biezenbos, Saurabh Vishnubakhat, Amy Westbrook, and especially Anupam Chander, Shubha Ghosh, Paul Gugliuzza, John Head, Patricia Judd, and Megan Shaner for extensive comments on earlier drafts. The author thanks Katy Spraberry for excellent research assistance.

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