Trade, intellectual property, and the exercise of autonomy

Abstract

The Agreement on Trade-Related Aspects of Intellectual Property (TRIPS) was a turning point for both intellectual property and the international legal community more broadly. The current emphasis on the TRIPS Agreement is unusual because, as a multilateral trade agreement, it is at once both all-encompassing in its scope of application and too specific to comprehensively respond to challenges that emerge. The development of flexibilities reflects this sense of narrowing in autonomy but in a more nuanced way. Developing countries, and specifically the least-developed countries (LDCs) within that category, present a particular challenge for flexibilities because they represent a great range of national approaches, interests, and economies. The approach of Brazil in actively incorporating the provisions of TRIPS is also important in demonstrating a further disconnect between the narrow framing of intellectual property and its much broader real-world impact.