The Perspective of World Trade Law on IP Rights

Abstract

This chapter takes the perspective of international trade law, as embodied in the General Agreement on Tariffs and Trade (GATT), and examines how the rules on trade in goods address intellectual property (IP) protection and enforcement measures. It first looks at IP protection and enforcement as a potential barrier to and facilitator of global trade. Next, early GATT cases are discussed as examples for how national IP rights fared under multilateral trade rules in a pre-Trade Related Aspects of International Property Rights (TRIPS) era. The chapter then scrutinizes whether the same holds true in a post-TRIPS environment that is commonly characterized by TRIPS-plus protection and enforcement measures. Hereafter, certain provisions from the GATT are discussed as the central conflict norm in the trade–IP relationship. Finally, the chapter returns to the role of TRIPS in assessing IP protection and enforcement measures as potential breaches of GATT.