The impacts of trade‐related international intellectual property rights on domestic legislative debates: Evidence from the 104th to the 112th U.S. Congresses

Abstract

AbstractDespite the large body of literature on the connection between intellectual property rights (IPRs) and trade at the international level, less attention has been paid to the impacts of such rights included in preferential trade agreements (PTAs) on domestic legislative debates. This article contributes to filling this gap by analyzing debates in the U.S. legislature where the IPRs included in PTAs were referred to. We consider the 1995–2012 period (104th to 112th Congresses). We also analyze trade laws enacted by Congress over the period. The data suggest that the IPRs negotiated with foreign partners affect Congress voting on the concession of trade promotion authority to the president. They may also trigger urges for adjustments to trade agreements and be tapped into by members of Congress to advocate for changes to domestic patent legislation. The importance placed on IPRs by members of Congress was not consistent over time and across parties. These results suggest that theoretical explanations of the U.S. trade policy must account for the diversity of views at the domestic level and for how such often divergent sentiments translate into policies, as framed by the domestic laws and institutions in place.