Thesis (MA)--University of Stellenbosch, 2002. / ENGLISH ABSTRACT: In October 1999 South Africa and the European Union (EU) signed a free trade agreement, the Trade Development and Co-operation Agreement (TDCA), which came into effect on 1 January 2000. The TDCA was developed to enhance bilateral trade, economic-, political- and social cooperation and consists of three components - the creation of a Free Trade Area between South-Africa and the EU, EU financial aid to South Africa through the European Programme for Reconstruction and Development (EPRD), and project aid. However, the EU, in an effort to secure the best possible deal for itself, often behave in its own interests (through the manipulation of the Wine and Spirits Agreement) during the negotiations for the TDCA. The goal of this study was to establish what exactly trademarks are, and what implications the EU's protection of intellectual property rights on wine and spirits trademarks will have on i) the South African wine industry, ii) whether South Africa could have exercised another option, iii) whether this action has created a precedent with which the EU can, in future, again force South Africa or any of its other developing trade partners to make concessions, and iv) who gains the most from the TDCA. The concludes that the EU, through the manipulation of the Wine and Spirits Agreement, left South Africa with no choice by to concede the use of the contested trademarks - something that has already taken its toll on the South African wine industry - in order to save the TDCA. This action created a precedent that the EU will, in future, again be in a position to threaten developing countries with the termination of an agreement should they fail to comply with its demands. Finally, the conclusion is made that even though the TDCA was created to assist South Africa with its reintegration into the world market, it will ultimately be the EU that benefits most from the agreement. / AFRIKAANSE OPSOMMING: Suid-Afrika en die Europese Unie (EU) het in Oktober 1999 In vryehandelsooreenkoms, die Trade Development and Co-operation Agreement (TDCA) onderteken, wat op 1 Januarie 2000 in werking getree het. Die TDCA is ontwerp om bilaterale handel-, ekonomiese-, politieke- en sosiale samewerking te bevorder en bestaan uit drie komponente, naamlik die skep van 'n vryehandelgebied tussen die EU en Suid-Afrika; finansiele steun deur die EU aan Suid-Afrika onder die European Programme for Reconstruction and Development (EPRD) en projekhulp. Die EU het egter dikwels in eiebelang opgetree (deur middel van die manipulasie van die Wyn- en Spiritus Ooreenkoms) tydens die onderhandelingsproses in 'n poging om die beste moontlike ooreenkoms vir homself te beding. Die doel van hierdie studie was om te bepaal wat presies handelsmerke is, en watter implikasies die EU se beskerming van intellektuele eiendomsregte aangaande wyn- en spiritushandelsmerke op i) die Suid-Afrikaanse wynbedryf sal he, ii) of Suid-Afrika 'n ander opsie kon uitoefen, iii) of hierdie aksie In presedent geskep het waarmee die EU Suid-Afrika of enige van sy ander ontwikkelende handelsvennote in die toekoms weer sal kan dwing om toegewings te maak, en iv) wie die meeste baat vind by die TDCA. Die studie het tot die gevolgtrekking gekom dat die EU deur die manipulasie van die Wyn- en Spiritus Ooreenkoms aan Suid-Afrika geen keuse gegee het nie as om die gebruik van die betwiste handelsmerke op te se - iets wat reeds die Suid-Afrikaanse wynbedryf geknou het - in 'n poging om die TDCA te behou. Hierdie optrede skep 'n presedent dat die EU voortaan in onderhandelings met ander ontwikkelende state weer kan dreig om die hele ooreenkoms te verongeluk indien daar nie aan sy eise voldoen word nie. In die laaste instansie is daar tot die gevolgtrekking gekom dat, alhoewel die TDCA daarop gemik was om Suid-Afrika te help met sy herintegrasie tot die wereldmark, dit uiteindelik die EU is wat die meeste daarby gaan baat.

Orientador: Sebastião Carlos Velasco e Cruz / Resumo: O objetivo desta tese é contribuir para a compreensão dos padrões das regras de comércio de serviços propostas e/ou adotadas pelos Estados Unidos no âmbito das negociações comerciais internacionais, verificando se houve mudanças, se houve repetições desses padrões e quais seriam as causas de um resultado ou outro. O comércio de serviços, após uma assertiva estratégia dos negociadores americanos, entrou para a agenda da Rodada Uruguai de Negociações Comerciais Multilaterais do então GATT e chegou como principal tema nas negociações dos grandes acordos preferenciais de comércio – nomeadamente TPP e TTIP – liderados pelos negociadores americanos. Verifica-se que os padrões em referência espelham uma trajetória traçada a partir de uma campanha também agressiva de organizações e outros agentes, liderados especialmente pelo setor de serviços financeiros, em defesa de seus interesses. Tais atores, que foram essenciais no lançamento dessa agenda, continuaram dando sustentação aos acordos comerciais ao longo de todos esses anos, constituindo os maiores demandeurs a favor da liberalização. Entretanto, os negociadores americanos, se por um lado manifestaram total interesse em realizar ganhos com tal liberalização, alinhando-se a esses demandeurs, por outro, viram-se desde o início desafiados por constrangimentos internos e externos. A argumentação central defendida aqui é que as regras de comércio propostas e/ou adotadas pelos Estados Unidos no âmbito das negociações comerciais internac... (Resumo completo, clicar acesso eletrônico abaixo) / Doutor

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No. of bitstreams: 1 bojikian_nmp_dr_mar.pdf: 8781854 bytes, checksum: 59da8bec27bfb91d0edd7ba661e5fd25 (MD5) Previous issue date: 2017-05-11 / Coordenação de Aperfeiçoamento de Pessoal de Nível Superior (CAPES) / O objetivo desta tese é contribuir para a compreensão dos padrões das regras de comércio de serviços propostas e/ou adotadas pelos Estados Unidos no âmbito das negociações comerciais internacionais, verificando se houve mudanças, se houve repetições desses padrões e quais seriam as causas de um resultado ou outro. O comércio de serviços, após uma assertiva estratégia dos negociadores americanos, entrou para a agenda da Rodada Uruguai de Negociações Comerciais Multilaterais do então GATT e chegou como principal tema nas negociações dos grandes acordos preferenciais de comércio – nomeadamente TPP e TTIP – liderados pelos negociadores americanos. Verifica-se que os padrões em referência espelham uma trajetória traçada a partir de uma campanha também agressiva de organizações e outros agentes, liderados especialmente pelo setor de serviços financeiros, em defesa de seus interesses. Tais atores, que foram essenciais no lançamento dessa agenda, continuaram dando sustentação aos acordos comerciais ao longo de todos esses anos, constituindo os maiores demandeurs a favor da liberalização. Entretanto, os negociadores americanos, se por um lado manifestaram total interesse em realizar ganhos com tal liberalização, alinhando-se a esses demandeurs, por outro, viram-se desde o início desafiados por constrangimentos internos e externos. A argumentação central defendida aqui é que as regras de comércio propostas e/ou adotadas pelos Estados Unidos no âmbito das negociações comerciais internacionais sobre serviços – especificamente serviços financeiros; serviços de telecomunicações; serviços audiovisuais; serviços de transporte marítimo – no GATS-Rodada Uruguai, mas efetivamente institucionalizadas no NAFTA, em função das circunstâncias adversas enfrentadas pelo México, resultaram das demandas de vários atores privados e públicos e foram moldadas dentro dos limites institucionais existentes. Tal institucionalização, ao mesmo tempo em que caracterizou uma resposta dos negociadores americanos ao padrão institucional que estava sendo adotado no GATSRodada Uruguai, tornou-se um padrão que teve influência recorrente e amplamente determinante nas regras resultantes das negociações envolvendo Estados Unidos que surgiram a partir de então. Tais argumentos estão ancorados nos pressupostos da abordagem analítica institucionalista histórica e nos conceitos path dependence, conjuntura crítica, nos mecanismos feedback positivo, sequenciamento e nos conceitos de transformações graduais, que ajudam a identificar o desenvolvimento institucional. / The purpose of this thesis is to contribute to the understanding of the standards of service trade rules proposed and/or adopted by the United States in the context of international trade negotiations, verifying if there were changes, if there were repetitions of these standards and what would be the causes of a result or another. Trade in services, following an assertive strategy of American negotiators, entered the agenda of the Uruguay Round of Multilateral Trade Negotiations of the then GATT and came up with as the main topic in the negotiations of the major preferential trade agreements – notably TPP and TTIP – led by the American negotiators. The standards in question reflect a path traced from an aggressive campaign of organizations and other agents, led especially by the financial services sector, in defense of their interests. These actors, who were essential in launching this agenda, continued to support trade agreements throughout all these years, making them the largest demandeurs in favor of liberalization. However, the American negotiators, if on the one hand expressed full interest in making gains from such liberalization, by aligning themselves with these demandeurs, on the other, found themselves challenged from the outset by internal and external constraints. The central argument advocated here is that the trade rules proposed and/or adopted by the United States in the context of international trade negotiations on services – specifically financial services; telecommunication services; audiovisual services; maritime transport services – in the Uruguay Round GATS, but effectively institutionalized in NAFTA, due to the adverse circumstances faced by Mexico, resulted from the demands of several private and public actors and were shaped within the existing institutional limits. Such institutionalization, while that featured a response from the American negotiators to institutional standard that was being adopted in the GATS-Uruguay Round, became a pattern that had recurrent and largely determining influence on the rules resulting from the negotiations involving the United States that emerged thereafter. Such arguments are anchored in the assumptions of the historical institutionalist analytical approach and in the concepts of path dependence, critical juncture, in the positive feedback and sequencing mechanisms, and in the concepts of gradual transformations that help identify institutional development.

This thesis examines the implementation, enforcement and evolution of IP laws and regulations in the Hashemite Kingdom of Jordan. The period of interest includes the last decade of the twentieth century and the first decade of the twenty first century, with emphasis on the role played by Free Trade Agreements struck between Jordan and the United States, the European Union, and Jordan’s accession to the World Trade Organization. This thesis also examines the enforcement of the current set of IP laws in Jordan, and looks at their social and economic compatibility with the Jordanian societal norms and economic realities. This thesis argues that Jordanian IP laws lack a meaningful social and economic texture, and have failed to be evenly enforced in Jordan, essentially because they do not fit the Jordanian culture and are not compatible with Jordan’s economic stage of development. Additionally, the thesis argues that IP laws have had insignificant economic impact on the Jordanian economy as the majority of technologies used in Jordan, and the majority of foreign direct investments attracted to Jordan, are not IP related. Finally, the thesis argues that the current Jordanian enforcement model, which is built on coercion by donor countries, is serving the interests of foreign companies to the exclusion of the local citizens, and will not, in the long run, produce an enforcement model based on self-regulation by Jordanians, themselves. The laws, therefore, are unable to produce tangible results for the Jordanian people, or help meet their economic interests. The last part of the thesis deals with recommendations and suggestions aimed at creating an integrated approach to the adoption of IP policies.

"The implementation of the TRIPS Agreement, within the wider context of globalisation, has brought about a conflict between the obligation of states to promote and protect health and the achievement of economic goals pursued under the WTO regime. Since trade is the driving engine of globalisation, it is imperative that, at the very least, rules governing it do not violate human rights but rather promote them. The problem of IP and the right to health therefore lies in ensuring that the integration of economic rules and institutional operations in relation to IPRs coincide with states’ obligations to promote and protect public health. ... This study centres on the specific debate about health and IPRs in the context of the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the WTO rules on IP protection. In terms of a human rights approach to the TRIPS Agreement, the ICESCR has been chosen for several reasons. First, the ICESCR specifically recognises both the right to health and the right to the protection of inventions in clearer terms than any other human rights instrument. Secondly, at least 111 of the state parties to the ICESCR are also members of the WTO including a large number of developing countries. Thirdly, if one sees the ICESCR as a vehicle for the fulfilment of the obligation to promote and protect human rights under the United Nations Organisation’s (UN) Charter, it can be argued that in line with article 103, the implementation and interpretation of TRIPS by all UN members states must take into account basic human rights. However, even with primary focus being on the ICESCR, most of the discussion on practical issues will focus on the experiences in Sub-Saharan Africa because the inequalities and problems of access to health care are most dramatically played out in this part of the world. The objective of the study is to examine the relationship between the obligation of states to progressively realise and guarantee the right to health, and the IP rules under the TRIPS Agreement. The specific objective is to examine the relationship between the exceptions under the TRIPS Agreement and the obligation to protect health and the identification of a consistent way of achieving a convergence between the implementation and interpretation of the rules of the two regimes in the area of health." -- Chapter 1 / Mini Dissertation (LLM)--University of Pretoria, 2001. / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM

Despite the adoption of the Doha Declaration on the TRIPS Agreement and Public Health in 2001, which unequivocally affirmed WTO members’ rights to use compulsory licences and other TRIPS flexibilities to access medicines, thirteen years on, developing countries and least developed countries are still grappling with access to medicines issues and a high disease burden. Despite some well researched and eloquent arguments to the contrary, it is a trite fact that patents remain an impediment to access to medicines by encouraging monopoly prices. The WTO TRIPS Agreement gives members room to legislate in a manner that is sympathetic to access to affordable medicines by providing for exceptions to patentability and the use of patents without the authorisation of the patent holder (TRIPS flexibilities). This study focuses on access to medicines under the TRIPS Agreement from a SADC comparative perspective by interrogating the extent of the domestication of TRIPS provisions promoting access to medicines in the SADC region with specific reference to Botswana, South Africa and Zimbabwe. After establishing that all SADC members, including Seychelles which is yet to be a WTO member have intellectual property (IP) laws in their statute books, this study confirms that while most of the IP provisions may be used to override patents, they are currently not being used by SADC members due to non-IP reasons such as lack of knowledge and political will. The study also engages in comparative discussions of topical occurrences in the context of access to medicines litigation in India, Thailand and Kenya and extracts useful thematic lessons for the SADC region. The study’s overall approach is to extract useful lessons for regional access to medicines from the good experiences of SADC members and other developing country jurisdictions in the context of a south-south bias. The study draws conclusions and recommendations which if implemented will in all likelihood lead to improved access to medicines for SADC citizens, while at the same time respecting the sanctity of patent rights. The study recommends the adoption of a rights-based approach, which will ultimately elevate patient rights over patent rights and urges the region to consider using its LDCs status to issue compulsory licences in the context of TRIPS Article 31 bis while exploring the possibility of local pharmaceutical manufacturing to produce generics, inspired by the experiences of Zimbabwe and current goings on in Mozambique and the use of pooled procurement for the region. The study embraces the rewards theory of patents which should be used to spur innovation and research into diseases of the poor in the SADC region. Civil society activity in the region is also identified as a potential vehicle to drive the move towards access to affordable medicines for all in the SADC region. / Mercantile Law / LL.D.

During the last two decades, there have been a number of policy and legislative changes in respect of South Africa’s intellectual property (IP) and the national system of innovation (NSI). In 2012, a Ministerial Review of the Science, Technology and Innovation (STI) landscape in South Africa made recommendations to improve the STI landscape and effectively the national system of innovation. The study provides a critical review of drafts of the national IP policy published in 2013 as well as the IP Framework released in 2016 for public comment. The review of the IP and the NSI are within the context of the National Development Plan (NDP), which outlines South Africa’s desired developmental goals. South Africa is part of the BRICS group of countries (Brazil, Russia, India, China and South Africa). The South African economy is characterised by a desire to move away from being dependent on resources and commodities, to becoming a more knowledge based and innovation driven economy. It is hoped that such a move would assist the country to address some of the social and economic development challenges facing South Africa, as captured in the NDP. South Africa has a functioning IP system, but its relationship with South Africa’s development trajectory is not established. More particularly, the extent to which the IP system relates to the innovation system and how these two systems must be aligned to enable South Africa to transition successfully from a country based on the production of primary resources and associated commodity-based industries to a viable knowledge-based economy is unclear. The Trade-related Aspects of Intellectual Property Rights (TRIPS Agreement) of the World Trade Organisation (WTO) provides that IP must contribute to innovation and to transfer of technology and knowledge in a manner that is conducive to social and economic welfare. Certain provisions set out the foundations of intellectual property systems within the context of each member state. This study has thus explored the complex, complementary and sometimes contested relationships between IP and innovation, with particular emphasis on the potential of an intellectual property system to stimulate innovation and foster social and economic development. The study has also analysed the interconnectivity of IP and innovation with other WTO legal instruments, taking into account South Africa’s positioning within the globalised economy and in particular the BRICS group of countries. The research involved a critical review of South Africa’s IP and innovation policies, as well as relevant legislation, instruments, infrastructure, IP and innovation landscape, and relationship with international WTO legal instruments, in addition to its performance, given the developmental priorities and the globalised economy. The research documents patenting trends by South Africans using European Patent Office (EPO), Patent Cooperation Treaty (PCT), United States Patents and Trademarks Office (USPTO) databases over the period 1996-2015. A comparative analysis of patenting trends amongst BRICS group of countries has also been documented. The study also documents new findings, observations and insights regarding South Africa’s IP and innovation systems. Some of these, particularly in relation to higher education and research institutions, are directly attributable to the Intellectual Property Rights from Publicly Financed Research and Development Act. More particularly, the public institutions are becoming relevant players in the NSI and are responsible for growth of certain technology clusters, in particular, biotechnology. At the same time, the study makes findings of a decline of private sector participation in patenting as well as R&D investment over the 20-year period. Recommendations are included regarding specific interventions to ensure coherence between the IP and innovation systems. Such coherence and alignment should strengthen the systems’ ability to stimulate innovation and foster inclusive development and competitiveness, which are relevant for addressing South Africa’s socio-economic development priorities. / Mercantile Law / LL. D.

In 2001 the Declaration on the TRIPS Agreement and Public Health (‘Doha Declaration’), affirmed the right of member states of the World Trade Organisation (‘WTO’) to interpret and implement the TRIPS Agreement as supportive of the protection of public health and, in particular, access to medicines. While initially well-received, consternation soon arose over the interpretation of a specific paragraph in the Doha Declaration dealing with compulsory licensing. After a further two years of deliberation, the WTO Decision on the Interpretation of Paragraph 6 (‘Paragraph-6 Decision’) was announced in August 2003 specifying when countries can import drugs produced elsewhere under compulsory licence. With one third of the world's population is still denied access to essential medicines - a figure which rises to over 50 per cent in Asia and Africa - the problems facing the public health community are two-fold. The first is the capacity of developing countries (‘DCs’) actually to use the flexibilities afforded under the TRIPS Agreement, the Doha Declaration, and the Paragraph- 6 Decision amid stark inequalities in health resources and the world trading system as a whole. These include provisions for compulsory licensing, parallel importation, and addressing imbalances in research and development (‘R&D’). The pending ratification of the Paragraph-6 Decision, from an interim solution to a permanent amendment, is accompanied by considerable uncertainty: will the protections be accessible under the system currently proposed? The second problem concerns the undermining of the above hard-won flexibilities by provisions adopted under various bilateral and regional trade agreements. Known as ‘TRIPS-plus’- or ‘WTO-plus’- measures, the level of intellectual property rights (‘IPRs’) rights protection being negotiated and even adopted under other trade agreements are more restrictive as regards public health protection. These two sources of concern have led to an increase in rather than a lessening of tensions between the public health and trade policy communities. The thesis opens with a brief analysis of the interplay between patents and medicines. This includes an overview of the human rights framework and the right of access to medicines as a manifestation of human rights. The historical development of the TRIPS Agreement, its legitimacy, and the effect of the introduction of patents for pharmaceuticals are critically analysed. The terms of the Doha Declaration as it relates to public health, the Paragraph-6 Decision and its system, the December 2005 Amendment, and the progress made to date on the public health protections available under the TRIPS Agreement are reviewed and discussed in detail. The thesis describes how, despite these important clarifications, concerns as to the capacity of DCs to implement specific measures persist. This thesis further addresses the development of compulsory licensing in India and South Africa, and the legal framework for compulsory licensing in these countries. The role of competition law and constraints faced by DCs in implementing the flexibilities offered by the TRIPS Agreement and Doha Declaration are considered before turning to the threat posed by TRIPS-plus measures and calls for their critical reassessment. The thesis considers the role of the Intergovernmental Working Group on Public Health, Innovation and Intellectual Property (IGWG), the WHO Commission on IPRs, Innovation and Public Health (CIPIH), Patent Pools, and international and multilateral donors in access to medicines. The thesis concludes by reviewing potential ways forward to ensure that access to medicines by the poor living in DCs is secured in all trade agreements. / Mercantile Law / LL.D.

In 2001 the Declaration on the TRIPS Agreement and Public Health (‘Doha Declaration’), affirmed the right of member states of the World Trade Organisation (‘WTO’) to interpret and implement the TRIPS Agreement as supportive of the protection of public health and, in particular, access to medicines. While initially well-received, consternation soon arose over the interpretation of a specific paragraph in the Doha Declaration dealing with compulsory licensing. After a further two years of deliberation, the WTO Decision on the Interpretation of Paragraph 6 (‘Paragraph-6 Decision’) was announced in August 2003 specifying when countries can import drugs produced elsewhere under compulsory licence. With one third of the world's population is still denied access to essential medicines - a figure which rises to over 50 per cent in Asia and Africa - the problems facing the public health community are two-fold. The first is the capacity of developing countries (‘DCs’) actually to use the flexibilities afforded under the TRIPS Agreement, the Doha Declaration, and the Paragraph- 6 Decision amid stark inequalities in health resources and the world trading system as a whole. These include provisions for compulsory licensing, parallel importation, and addressing imbalances in research and development (‘R&D’). The pending ratification of the Paragraph-6 Decision, from an interim solution to a permanent amendment, is accompanied by considerable uncertainty: will the protections be accessible under the system currently proposed? The second problem concerns the undermining of the above hard-won flexibilities by provisions adopted under various bilateral and regional trade agreements. Known as ‘TRIPS-plus’- or ‘WTO-plus’- measures, the level of intellectual property rights (‘IPRs’) rights protection being negotiated and even adopted under other trade agreements are more restrictive as regards public health protection. These two sources of concern have led to an increase in rather than a lessening of tensions between the public health and trade policy communities. The thesis opens with a brief analysis of the interplay between patents and medicines. This includes an overview of the human rights framework and the right of access to medicines as a manifestation of human rights. The historical development of the TRIPS Agreement, its legitimacy, and the effect of the introduction of patents for pharmaceuticals are critically analysed. The terms of the Doha Declaration as it relates to public health, the Paragraph-6 Decision and its system, the December 2005 Amendment, and the progress made to date on the public health protections available under the TRIPS Agreement are reviewed and discussed in detail. The thesis describes how, despite these important clarifications, concerns as to the capacity of DCs to implement specific measures persist. This thesis further addresses the development of compulsory licensing in India and South Africa, and the legal framework for compulsory licensing in these countries. The role of competition law and constraints faced by DCs in implementing the flexibilities offered by the TRIPS Agreement and Doha Declaration are considered before turning to the threat posed by TRIPS-plus measures and calls for their critical reassessment. The thesis considers the role of the Intergovernmental Working Group on Public Health, Innovation and Intellectual Property (IGWG), the WHO Commission on IPRs, Innovation and Public Health (CIPIH), Patent Pools, and international and multilateral donors in access to medicines. The thesis concludes by reviewing potential ways forward to ensure that access to medicines by the poor living in DCs is secured in all trade agreements. / Mercantile Law / LL.D.

L’internationalisation du droit de la propriété intellectuelle, initiée à la fin du XIXe siècle, a pris depuis la fin du XXe siècle une toute nouvelle tournure avec son inclusion dans le champ des disciplines commerciales multilatérales. La signature de l’accord ADPIC marque en effet l’émergence d’une véritable gouvernance mondiale de la propriété intellectuelle : l’ambition affichée par l’OMC est d’encadrer, substantiellement parlant, la marge de manœuvre des membres dans la mise en place de leurs politiques de protection. Bien qu’initié plus tardivement, la communautarisation du droit de la propriété intellectuelle revêt désormais une portée considérable : outre une conciliation effective des régimes nationaux de protection avec les principes cardinaux du traité, d’importantes directives d’harmonisation ont été édictées, et des titres européens de protection ont même été créés dans certains secteurs. Notre étude a pour vocation de montrer comment la communautarisation, au-delà de son rôle traditionnel de source du droit, officie comme un indispensable vecteur de structuration de la position européenne vis-à-vis de la mondialisation du droit de la propriété intellectuelle. Dans son versant ascendant tout d’abord – du local au global –, le vecteur communautarisation joue un rôle de mutualisation des objectifs à promouvoir sur la scène internationale. L’enjeu n’est autre que celui de façonner une gouvernance mondiale de la propriété intellectuelle qui corresponde au système d’intérêts et de valeurs de l’Union, conformément aux objectifs ambitieux assignés par le Traité. Ce processus de mutualisation n’a toutefois rien d’automatique : d’importantes contraintes institutionnelles – malgré plusieurs révisions du Traité et la progression graduelle de l’harmonisation en interne – contrarient l’émergence d’une véritable politique européenne extérieure intégrée. Mais c’est précisément à l’aune de ces contraintes qu’il convient d’apprécier la portée des accomplissements de l’UE, qui a su s’imposer comme un acteur central de la gouvernance mondiale du droit de la propriété intellectuelle. Dans son versant descendant ensuite – du global au local –, le vecteur communautarisation s’accompagne d’une montée en puissance du juge de Luxembourg dans l’arbitrage des situations d’interactions normatives fréquentes et complexes entre le droit de l’Union et le droit international de la propriété intellectuelle. L’étude systématique de la résolution par la Cour de ces interactions normatives montre combien celle-ci s’attache à préserver l’autonomie de l’ordre juridique de l’Union, en ménageant une marge d’appréciation significative dans la mise en œuvre des obligations découlant de la mondialisation du droit de la propriété intellectuelle. Cette marge d’appréciation est mise à profit pour assurer la défense d’un modèle européen original en construction, tirant parti des flexibilités du cadre normatif mondial. / The internationalization of IP Law, initiated at the end of the 19th century, has taken since the end of the 20th century a brand new twist with its inclusion in the field of multilateral trade disciplines. The signing of the TRIPS agreement marks the emergence of a global IP governance. Indeed, the ambition displayed by the WTO is to supervise the margin of maneuver of its Members in implementing their policies. Although Communitization of IP law started much later, it now has a considerable scope: national protection regimes have been conciliated with the cardinal principles of the Treaty, some important harmonization directives have been enacted, and various European titles of protection have even been created. Our study is designed to show how Communitization, beyond its traditional role of source of law, officiates as a necessary and efficient vector for structuring the European position towards the Globalization of IP Law. In its ascendant side first -- from Local to Global, the Communitization vector plays a role of merging the objectives to be promoted on the international scene. The issue at stake is to shape an IP global framework that corresponds to the system of interests and values of the EU, in accordance with the far-reaching objectives assigned by the Treaty. This merging process is, however, not automatic. In spite of several amendments to the Treaty and of the progress of internal harmonization, various institutional constraints thwart the emergence of a fully integrated external European policy in the field of IP. But it is precisely in light of these constraints that the scope of the achievements of the EU, which in now recognized as a central actor in the global IP governance, must be appreciated. In its down side then -- from Global to Local, the Communitization vector is accompanied by a rise of the European Court of Justice in arbitrating complex normative interactions between national, EU and International IP Laws. A systematic analysis of the resolution by the ECJ of these normative interactions reveals its determination to safeguard the autonomy of the EU legal order, by arranging for significant discretion in implementing international commitments. This margin of appreciation is used to defend an original European model under construction, taking advantage of the flexibilities of the global normative framework