Abstract

In a time when innovation is accelerating, intellectual property rights, or IPRs, are now crucial to the dynamics of international trade. In addition to being legal tools, intellectual property rights (IPRs), which include patents, copyrights, trademarks, and trade secrets, are also economic drivers, geopolitical tools, and development gatekeepers. IP clauses are used to safeguard national interests, increase competitiveness, and encourage technological advancement as nations negotiate trade agreements. However, there are serious equity concerns about the incorporation of IPRs into trade agreements. High-income countries frequently demand strict protections, while developing nations argue that doing so would limit their access to knowledge, technology, and medications. Global calls to temporarily waive TRIPS provisions for vaccine access brought these tensions to light during the COVID-19 pandemic. Often adding "TRIPS-plus" criteria exceeding the WTO framework, trade agreements such as TRIPS, USMCA, and CPTPP now shape the legal environment of IP enforcement worldwide. Although this encourages creativity and investor confidence, especially in health, agriculture, and the digital economy, it may reinforce monopolies and increase disparities. Former WIPO Director-General Francis Gurry correctly observed, "Intellectual property is not just about wealth creation; it is about cultural enrichment and societal well-being." This attitude emphasizes the importance of considering how IP systems influence human development, equity, and cultural sustainability outside of economic measures. Tracing historical treaties, emphasizing practical examples, and providing ideas on how the world can more equitably balance innovation motivations with fair access, this blog investigates the interaction between IPR and international trade. Recent events like the U.S.-China trade agreement and EU-India FTA talks have raised the stakes of achieving this balance correctly more than ever.

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