Trade and Intellectual Property

Abstract

The paper is the final chapter of a textbook on WTO Law published by Law Press, Beijing, in 2012. The textbook contains multiple chapters on more basic aspects of WTO Law in Chinese. Some of the more advanced chapters are reproduced in English and Chinese. Finally, the present chapter appears only in English. The goal of the textbook is to familiarize Chinese upper level law students not only with WTO Law but also with the English terminology.

In line with this overall goal, the present chapter first provides an easily accessible introduction to the desirable promotion of innovation via intellectual property rights on the one hand, and the undesirable barriers to international trade created by nationally determined intellectual property rights on the other hand.

The chapter then proceeds with an examination of a number of WIPO agreements as early forms of international agreements designed to reduce barriers to trade while maintaining the promotion of innovation. It points out the main weaknesses of WIPO and the consequential desire to develop a stronger mechanism for international protection of intellectual property in the framework of the WTO. Finally, the TRIPS Agreements is analyzed for its ability to provide universal filing priority, universal recognition of minimum substantive standards for all major intellectual property rights, and universal enforceability of those rights.

Although primarily addressed to Chinese students of international trade law, the chapter should benefit all readers seeking an accessible and reasonably short introduction to intellectual property rights in the context of international trade.

Keywords: WTO, WIPO, GATT, intellectual property, international trade, patent, copyright, trademark, enforcement of IPRs

JEL Classification: F02, F13, F15, F23, K11, K33, L41, L43, O10, O19, O31, O34