The Theory of Dispute Resolution with Application to Intellectual Property Rights

INTELLECTUAL PROPERTY, GROWTH AND TRADE, Keith Maskus, ed., Elsevier B.V., Forthcoming

Posted: 11 Nov 2007

See all articles by Mostafa Beshkar

Mostafa Beshkar

Indiana University - Bloomington

Eric W. Bond

Vanderbilt University - College of Arts and Science - Department of Economics

Abstract

We survey several of the theoretical models that have been applied to the analysis of the GATT/WTO dispute settlement process. These include repeated game models, which emphasize the punishment aspect of dispute settlement, and incomplete contracting models, which emphasize the 'gap-filling' aspect. Our analysis emphasizes the implications of these models for the strengthening of the dispute settlement process under the WTO and for its application to the TRIPS agreement. We also discuss how models of settlement bargaining can be applied to obtain empirical predictions about which cases will actually proceed to an actual finding by the dispute panel.

Keywords: Dispute Resolution, Intellectual Property Rights, TRIPS, WTO

Suggested Citation

Beshkar, Mostafa and Bond, Eric Wirths, The Theory of Dispute Resolution with Application to Intellectual Property Rights. INTELLECTUAL PROPERTY, GROWTH AND TRADE, Keith Maskus, ed., Elsevier B.V., Forthcoming, Available at SSRN: https://ssrn.com/abstract=1028724

Mostafa Beshkar (Contact Author)

Indiana University - Bloomington ( email )

Dept of Biology
100 South Indiana Ave.
Bloomington, IN 47405
United States

HOME PAGE: http://pages.iu.edu/~mbeshkar

Eric Wirths Bond

Vanderbilt University - College of Arts and Science - Department of Economics ( email )

Box 1819 Station B
Nashville, TN 37235
United States
615-322-3237 (Phone)
615-343-8495 (Fax)

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