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43 Cal. W. Int'l L.J. 157 (2012-2013)
The North American Free Trade Agreement and Its Legacy on the Resolution of Intellectual Property Disputes

handle is hein.journals/calwi43 and id is 169 raw text is: THE NORTH AMERICAN FREE TRADE AGREEMENT AND ITS LEGACY ON THE RESOLUTION OF INTELLECTUAL PROPERTY DISPUTES JAMES M. COOPER* I. INTRODUCTION We are approaching the twentieth anniversary of three institutions that provide for intellectual property rights (IPR) dispute resolution and settlement: the North American Free Trade Agreement (NAFTA), the Trade-related Aspects on Intellectual Property Rights (TRIPS) of the World Trade Organization (WTO),2 and the Arbitration and Mediation Center of the World Intellectual Property Organization (WIPO).' Now is an apt time to take stock of these important innovations in the financial and legal architecture of our globalized system of IPR. Given our location near the U.S.-Mexico border,4 and this law school's engagement with Latin America,' this essay focuses on * Institute Professor of Law, California Western School of Law. The author would like to thank Yesenia Acosta, Miguel Penalosa, and Priscilla Salgado for their research assistance. 1. North American Free Trade Agreement, U.S.-Can.-Mex., Dec. 17, 1992, 32 I.L.M. 289 (1993) [hereinafter NAFTA]. Congress approved NAFTA by means of the North American Free Trade Agreement Implementation Act, Pub. L. No. 103 182, 107 Stat. 2057 (codified at 19 U.S.C. § 3311 (2006)). NAFTA became effective on January 1, 1994. Exec. Order No. 12889, 58 Fed. Reg. 69, 681 (Dec. 27, 1993). 2. Agreement on Trade-Related Aspects of Intellectual Property Rights, Apr. 15, 1994, Marrakesh Agreement Establishing the World Trade Organization, Annex IC, 1869 U.N.T.S. 299 (1994). 3. See generally WIPO Arbitration and Mediation Center, WORLD INTELL. PROP. ORG., http://www.wipo.int/amc/en/center/background.html (last visited Sept. 23, 2012). 4. See NAFTA Summer Program, CWSL.EDU., http://www.cwst.edu/nafta (last visited Sept. 23, 2012). See generally JAMES M. COOPER, THE COMPLICATED 157

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