Crafting a Post-Pandemic IP Policy Agenda for Latin America

Abstract

Critical changes to the intellectual property right (IPR) legal frameworks of Latin American (LA) countries have been made as a result of international trade negotiations and agreements. The TRIPS Agreement, which constitutes the cornerstone of the global IPRs legal architecture, has certainly shaped the IP policy agenda and dialogue since 1995. To identify, reaffirm, preserve and legally operationalize TRIPS’ ‘flexibilities’ has become key to Latin America’s international and local IP policy. But how has the pandemic impacted the regional IP policy agenda’s dynamics, themes and future prospects? The TRIPS Agreement introduced global IP protection standards that were higher compared with those existing in international instruments and local norms in Latin America at that time. In particular, TRIPS’ standards include patent protection for 20 years (Art. 33); patent availability for any inventions (whether products or processes) in all fields of technology (Art. 27 para. 1); protection of plant varieties either by...