Abstract:
Many national intellectual property laws contain provisions that reflect cultural values and have trade significance. Although cultural value defenses have generally been rejected by GATT and WTO panels, they may be more likely to succeed in intellectual property disputes because many culturally-laden rules are widely accepted in the international intellectual property arena. Moreover, intellectual products are less completely commodified than other products. Cultural economists can provide valuable insights to aid WTO in distinguishing between those culturally-laden intellectual property rules that should be or should not permitted when they have an impact on trade. Copyright Kluwer Academic Publishers 1999