This Note will discuss the WTO decision and conclude that it interpreted
the TRIPS agreement so narrowly that it created a standard that invalidates
the laws of many countries. Further, it will be argued that the
United States therefore should have appealed the WTO decision; if this
appeal failed, the United States should have negotiated with other potential
violators of the TRIPS agreement and Berne Convention in order to
create a uniform amendment and preserve international consistency. The
Note will conclude that the WTO decision and the subsequent reaction by
the United States to amend section 110(5)(B) did not serve TRIPS' purpose
or bolster the United States' ability to get other nations to comply
with TRIPS. This is crucial given China's recent admittance to the WTO.5
The United States should have considered these overriding objectives in
making its decision.