INDIVIDUAL ASSIGNMENT-1

Tracing the Roots and

Relevance: A History of
IPR in International Trade

SUBMITTED BY: - SUBMITTED TO: -

Saarthak Agarwal (22IB471) Prof. Dr Arunaditya Sahay
Tracing the Roots and Relevance: A History of IPR in International Trade

Intellectual Property Rights (IPR) have become a cornerstone of the globalized world, shaping the
landscape of international trade like never before. This intricate web of rights and regulations
governing inventions, creations, and expressions has a rich history, intertwined with the evolution of
commerce and innovation across centuries. To truly understand the significance of IPR in today's
international trade dynamics, we must embark on a journey through time, tracing its development and
appreciating its impact on the complex fabric of global commerce.

Early Glimmers: From Guilds to Patents

The concept of protecting unique expressions and innovations can be traced back to ancient
civilizations. Early societies, from Ancient Greece to China, implemented forms of guild systems,
where artisans and inventors enjoyed certain privileges over their creations. While not formalized as
modern IPR, these systems recognized the value of intellectual property and sought to incentivize
creators and innovators.

The modern IPR framework, however, began to take shape in the Renaissance era. Patents, initially
granted for monopolies on specific inventions, emerged in the 15th and 16th centuries. The Statute of
Monopolies in England (1623) marked a key turning point, establishing guidelines for granting
patents and recognizing their role in facilitating technological advancements.

Global Expansion and Standardization: From Bilateral Agreements to the WTO

As international trade flourished in the 19th and 20th centuries, the need for standardized IPR
protection across borders became increasingly evident. Bilateral agreements between nations
gradually evolved into multilateral efforts to harmonize IPR regimes. The Paris Convention for the
Protection of Industrial Property (1883) is considered a landmark in this regard, establishing
minimum standards for patent protection for signatory countries.

The 20th century witnessed further strengthening of the global IPR framework with the creation of the
World Intellectual Property Organization (WIPO) in 1967. WIPO, a specialized agency of the United
Nations, plays a crucial role in administering international treaties and agreements related to IPR,
fostering collaboration and knowledge sharing among nations.

The establishment of the World Trade Organization (WTO) in 1995 marked a pivotal moment in the
history of IPR and international trade. The Agreement on Trade-Related Aspects of Intellectual
Property Rights (TRIPS) annexed to the WTO Agreement sets minimum standards for IPR protection
in various categories, including patents, copyrights, trademarks, and trade secrets. This agreement
established a global baseline for IPR enforcement, significantly impacting international trade
practices.

The 21st Century: Balancing Incentives and Access

In the 21st century, the role of IPR in international trade has come under intense scrutiny. The rapid
globalization of economies, coupled with advancements in technology and the rise of the digital age,
has presented new challenges and opportunities.

2023 Data Highlights:

 Global trade in counterfeit and pirated goods: Estimated at US$512 billion in 2023,
highlighting the persistent challenge of piracy and infringement. (Source: OECD)

 Global R&D spending: Reached US$2.8 trillion in 2023, emphasizing the continued
importance of intellectual property in driving innovation. (Source: UNESCO)

 WTO disputes related to IPR: Involving over 80 cases as of 2023, demonstrating the complex
and contentious nature of IPR enforcement on the global stage. (Source: WTO)

One major concern is the potential for strong IPR regimes to hinder access to essential goods,
particularly in developing countries. The debate surrounding affordable access to medicines, for
example, underscores the delicate balance between incentivizing innovation and ensuring equitable
access to life-saving technologies.

Looking Ahead: Challenges and Opportunities

The future of IPR in international trade is likely to be shaped by several key factors:

 The continued rise of the digital economy and the challenges of protecting intellectual
property in the online realm.

 Growing concerns about access to essential goods and the need for balanced IPR regimes that
promote both innovation and public health.

 The increasing importance of emerging technologies, such as artificial intelligence and

biotechnology, and the need to develop appropriate IPR frameworks for these nascent fields.

In conclusion, the history of IPR in international trade is a dynamic and ongoing saga. From humble
beginnings to its pivotal role in today's globalized world, IPR has transformed the landscape of
international commerce. As we move forward, navigating the complex interplay between innovation,
access, and economic growth will be essential in shaping a future where IPR continues to serve as a
driving force for progress and prosperity for all.