ABSTRACT
In this chapter, it is argued that in recent years the world has seen the most significant increases in global protection of intellectual property rights (IPRs) in history. This shift has been the outcome of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) at the World Trade Organization, additional treaties reached at the World Intellectual Property Organization, and, especially, in elevated standards negotiated in preferential trade agreements (PTAs). The chapter discusses the primary standards and expectations in TRIPS, which introduced numerous novelties into global IPRs agreements and has transformed protection regimes in emerging and developing countries. The remaining policy space is reviewed as are important cases involving dispute resolution involving TRIPS issues, noting the clarifications in law and precedents those disputes raised. However, TRIPS alone failed to address important new technological issues, such as copyright protection for digital goods on the internet, nor did it meet the needs of the global pharmaceutical and biotechnology industries. Thus, recent PTAs negotiated by the USA and the European Union have added stronger standards through a process commonly called ‘TRIPS-Plus’. This progression continues in current multilateral PTAs, such as the Trans-Pacific Partnership.
