Paul George Buta*

Abstract

The present study aims to bring to light a less known side of the means available for resolving disputes concerning Intellectual Property Rights. Functioning on the basis of a set of international treaties, to which 164 countries, which currently account for 98% of all world trade, acceded, the World Trade Organization is a very special forum for resolving international disputes over Intellectual Property Rights. The idea of ​​linking the protection of Intellectual Property Rights to trade, implemented by TRIPS, is, at least at a theoretical level, one that allows for a high degree of compliance by States with international standards for the protection of Intellectual Property Rights, which is the reason for which developed countries have made significant efforts to incorporate TRIPS into the institutional structure of the World Trade Organization. The adoption of TRIPS and, implicitly, the assumption of obligations provided therein ought to then be coupled with an effective means of implementing them so as to align all Member States to the level of protection of Intellectual Property Rights sought by developed countries. The present study examines, both from the point of view of the institutional framework and the jurisprudence of the Dispute Settlement Body, the way in which, under the aegis of the WTO, this alignment has been promoted and illustrates, through a case study, the difficulties and outcomes obtained.