The Impact Of Trade Agreements On International Intellectual Property Laws

  

Written by Lkite Aladeniyi Ann

Edited by Lkite Adedeji Adebusuyi Raphael 

Intellectual Property and Trade Agreements

Intellectual property law deals with the laws that protect and enforce the rights of creators and owners of inventions, writing, music, designs, and other creative works, otherwise known as "intellectual property." According to the World Intellectual Property Organisation, Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.

The six areas of intellectual property include copyright, trademarks, patents, industrial designs, geographical indications, and trade secrets. Thus, with the existence of laws that regulate the aforementioned areas of intellectual property, authors of works are able to earn both recognition and financial benefit from what they invent or create.

Although these rights created by intellectual property are protected within the state or country of creation, there's a need to set standards for intellectual property protection around the world. This factor necessitated trade agreements to which many countries are parties in order to set the minimum standards in the international rules governing these areas.

Trade agreements are formal agreements between two or more countries that establish the rules and conditions for trade between them.

 These agreements typically cover a wide range of trade-related issues, such as tariffs, quotas, customs procedures, intellectual property rights, investment, and services.

Technically, trade agreements can take many different forms, from bilateral agreements between two countries to multilateral agreements involving multiple countries or even entire regions. Some of the most well-known trade agreements include the North American Free Trade Agreement (NAFTA), the European Union (EU), and the World Trade Organization (WTO).

Thus, while intellectual property laws specifically provide for the legal protection of original creations of the mind, trade agreements establish the rules and regulations for international trade.

Generally, in respect of international relations, intellectual property and trade agreements aim to protect the interests of businesses and individuals in the global market. Many trade agreements include provisions related to intellectual property laws, such as the protection and enforcement of patents, trademarks, copyrights, and trade secrets.

These provisions aim to ensure that the intellectual property rights of businesses and individuals are respected and enforced across borders. For example, trade agreements often include provisions requiring member countries to establish minimum standards of IP protection, such as requiring the registration of patents and trademarks and establishing procedures for enforcing IP rights.

Moreover, trade agreements may include provisions that address issues related to the enforcement of IP rights, such as mechanisms for resolving disputes related to IP infringement, and penalties for IP violations.

The TRIPS Agreement And Its Impact On Intellectual Property 

The TRIPS (Trade-Related Aspects of Intellectual Property Rights) Agreement is an international agreement that was negotiated as part of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) in 1994. The agreement sets out minimum standards for intellectual property protection and enforcement that member countries must adopt and implement in their national laws and regulations.

The TRIPS Agreement covers a range of intellectual property rights, including patents, trademarks, copyrights, trade secrets, and geographical indications. It requires member countries to provide adequate and effective protection and enforcement of these rights.

One of the key impacts of the TRIPS Agreement on IP laws in member countries has been the harmonization of international intellectual property standards. The agreement requires all member countries to provide a certain level of protection for intellectual property rights, which has helped to create a more level playing field for businesses operating in different countries. 

It has also encouraged the development of stronger and more comprehensive IP laws in some countries, particularly in developing countries where IP protection was previously weak.

The TRIPS Agreement has also been criticized for potentially limiting access to medicines and other essential products in developing countries by making it more difficult to produce and distribute generic versions of patented products. Some critics argue that the agreement’s emphasis on intellectual property protection and enforcement may have negative impacts on public health and access to essential medicines in some countries.

 Other Trade Agreements That Have Impacted Intellectual Property Globally

There are numerous bilateral and regional trade agreements that have had an impact on intellectual property (IP) laws. Some of these agreements include:

North American Free Trade Agreement (NAFTA): 

NAFTA is a regional trade agreement between the United States, Canada, and Mexico. It has had a significant impact on IP laws, particularly in the areas of patents, trademarks, and copyrights. NAFTA created a harmonized system for protecting and enforcing IP rights, which has encouraged innovation and investment in the region.

Trans-Pacific Partnership (TPP): 

The TPP was a regional trade agreement between 12 countries, including the United States, Canada, Japan, and Australia. It included provisions on intellectual property rights, including patent and copyright protection.

 The TPP also included a controversial provision known as the "investor-state dispute settlement" (ISDS) mechanism, which would have allowed multinational corporations to challenge domestic laws and regulations that they felt were harmful to their investments.

Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP): 

The CPTPP is a regional trade agreement between 11 countries, including Canada, Japan, and Australia. It includes many of the same provisions as the TPP, but excludes the controversial ISDS mechanism. The CPTPP also includes provisions on IP protection, including copyright, trademarks, and patents.

European Union Intellectual Property Office (EUIPO):

 The EUIPO is a bilateral agreement between the European Union and its member states. It provides a unified system for registering and protecting trademarks and designs throughout the EU. The EUIPO has helped to harmonize IP laws across the EU and has made it easier for companies to protect their IP rights throughout the region.

United States-Mexico-Canada Agreement (USMCA): 

The USMCA is a regional trade agreement between the United States, Canada, and Mexico that replaced NAFTA. It includes provisions on intellectual property, including patent and copyright protection. The USMCA also includes new provisions on trade secrets, which provide stronger protection for confidential business information.

Overall, these bilateral and regional trade agreements have had a significant impact on intellectual property laws. They have helped to harmonize IP laws across regions, encourage innovation and investment, and provide stronger protection for IP rights. However, they have also been controversial, particularly with regard to the balance between IP rights and access to medicines, as well as the potential impact on domestic laws and regulations.

Conclusion 

In conclusion, the TRIPS Agreement, bilateral, and regional trade agreements have had a significant impact on intellectual property laws. These agreements have encouraged innovation and investment by creating stronger and more harmonized systems for protecting and enforcing IP rights. However, these agreements have also been controversial, particularly with regard to the balance between IP rights and access to medicines, as well as the potential impact on domestic laws and regulations. 

As the global economy continues to evolve, it will be important to continue to assess the impact of these agreements on IP laws and their implications for businesses and consumers alike. 

Ultimately, a delicate balance must be struck between protecting the interests of innovators and creators and ensuring that the benefits of innovation and creativity are accessible to all.