Introduction
In the modern global economy, intellectual property (IP) has become an essential driver of economic growth, innovation, and trade. Intellectual property rights (IPRs), such as patents, trademarks, copyrights, and trade secrets, allow creators and inventors to protect their work and gain commercial benefits, fostering innovation across a range of industries.[1] As countries engage in cross-border trade, the protection and enforcement of these rights have become central to international economic relations. Industries such as pharmaceuticals, technology, and entertainment rely heavily on IP protection to maintain their competitive edge in the global market.
The international trade of intellectual property is governed by a complex network of legal frameworks, treaties, and agreements that aim to harmonize the protection of IP rights globally. Prominent among these is the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), administered by the World Trade Organization (WTO).[2] TRIPS sets the minimum standards for IP protection and enforcement, creating a level playing field for countries engaged in global trade.[3] Additionally, organizations like the World Intellectual Property Organization (WIPO) play a critical role in shaping international IP norms, facilitating cooperation, and ensuring that the interests of both developed and developing countries are addressed.[4]
The legal frameworks governing international trade in IP, such as the TRIPS Agreement, aim to harmonize IP protection standards. However, the international trade of intellectual property is fraught with challenges, particularly for developing nations. Issues such as access to technology, enforcement of IP rights, digital piracy, and the affordability of patented goods, especially medicines, have sparked debates about the equitable distribution of benefits derived from IP protection. While strong IP laws foster innovation and attract investment, they can also limit access to essential knowledge and technologies, particularly in areas such as public health and education.[5]
This project seeks to explore the multifaceted nature of international trade in intellectual property, analyzing the legal frameworks, challenges, and opportunities it presents, with a focus on balancing innovation with public interest.
What is Intellectual Property?
Intellectual property rights (IPR) are increasingly recognized as vital components of international trade, shaping the global exchange of goods and services. As economies shift from being resource-based to knowledge-based, intellectual assets have become central to business strategies and international competitiveness. [6]
The term "intellectual property" encompasses a wide range of intangible assets and inventions that stem from human intellectual and creative endeavors. These creations can be in many different forms, including inventions, literary, artistic, and even economic procedures. Intellectual property rights are legal safeguards that give inventors and creators the only right to their innovations, giving them the power to decide how their works are used, copied, and shared. In simple words, Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.[7]
Property rights over tangible assets, such as land and chattels, are commonly referred to as corporeal property.[8] In contrast, incorporeal property refers to the rights over intangible goods like concepts, literary works, and artistic creations. A few instances of incorporeal property rights are trademarks, copyrights, and patents.
Intellectual property emphasizes the importance of originality, requiring that an intellectual creation display a distinct level of uniqueness to qualify for protection.[9]However, it is important to recognize that intellectual property laws do not protect abstract ideas; they focus on the tangible expressions of those ideas.
For example, patent law secures rights related to the production and distribution of physical embodiments of innovative concepts, rather than safeguarding the ideas themselves. Likewise, copyright law offers protection for the dissemination and reproduction of creative works, concentrating on the concrete forms in which these artistic expressions are presented.[10]
Types of Intellectual Property
The Intellectual property (IP) encompasses a broad range of creative, innovative, and brand-related elements that can be legally protected. Each type of intellectual property serves different purposes and offers various forms of protection to creators, inventors, and businesses, allowing them to control the use and commercialization of their intellectual creations.
Patents
Inventors who create novel goods, procedures, or technical solutions are entitled to patents for their creations. An invention is an item or a method that offers a fresh approach to an old problem or a new technical solution that goes beyond simple fixes. Patents can be granted for innovations in any area of technology, ranging from a common kitchen tool to a chip utilizing nanotechnology. An innovation can take the form of a process, such as a method for creating a certain chemical compound, or a product, like a chemical compound.[11]
For a set amount of time, the patent holder is the only one with the authority to forbid anyone from utilizing or exploiting the patented innovation for profit in the nation or territory where the patent was issues.[12] In essence, patent protection ensures that no one else can manufacture, use, distribute, import, or sell the invention without the patent holder's permission. If third parties engage in these activities without authorization, the patent holder can take legal action for patent infringement.
Example: A pharmaceutical company patents a new drug formula to treat a specific disease.
Trademarks
A trademark is a word, phrase, logo, design, symbol, or combination of these that serves to identify and set one company's products or services apart from another. A trademark is a symbol that can be used to differentiate the products or services of one business from those of other businesses. [13]Trademark rights are granted to protect brand identity and prevent confusion among consumers. Trademarks can last indefinitely, provided they are actively used and renewed periodically. The owner of a trademark can take legal action against others who use similar marks in a way that might confuse customers.
Example: The "Nike" name and its distinctive "Swoosh" logo are trademarked to prevent unauthorized use by other companies.
Copyright
The exclusive right to use and distribute an author's work is granted by copyright, which safeguards original works of authorship. Books, music, paintings, sculptures, films, computer programs, databases, ads, maps, and technical drawings are just a few examples of the many works that are protected by copyright.[14]
Example: A musician owns the copyright to their original song, controlling its reproduction, distribution, and performance.
Industrial Designs
Industrial designs refer to the aesthetic or ornamental aspects of an article. These designs are crucial in industries where appearance and visual appeal are significant for product differentiation and consumer preference. Industrial design rights protect the visual elements of products, such as shape, color, texture, and patterns, and typically last for 10 to 15 years, depending on the jurisdiction.[15]
Example: The sleek, minimalist design of the iPhone is protected as an industrial design, helping Apple distinguish its product from competitors.
Geographical Indications (GIs)
Geographical Indications are used to indicate that a product originates from a specific geographical region and possesses qualities, reputation, or characteristics unique to that location. GIs protect the authenticity of products and prevent others from using the designation on similar products that do not originate from that region or meet its standards. This form of protection is particularly important in agricultural products, wines, and handicrafts.[16]
Example: Champagne from France, Darjeeling tea from India, or Parmesan cheese from Italy.
Trade Secrets
Trade secrets consist of confidential information that provides a business with a competitive advantage. Formulas, procedures, designs, manufacturing techniques, and any other confidential knowledge kept under wraps in order to preserve a competitive advantage might all fall under this category. Legal protection for trade secrets is lost if they are made public, but it does not expire as long as the knowledge is kept hidden. Businesses frequently utilize nondisclosure agreements to protect their proprietary information.[17]
Example: The Coca-Cola formula, kept as a trade secret, is known only to a few individuals and not disclosed to the public. If the formula were made public, Coca-Cola would lose its competitive advantage.
International Organisations
International organizations play a critical role in shaping, regulating, and enforcing the legal frameworks governing intellectual property (IP) rights globally. These organizations work to harmonize laws, facilitate cooperation between countries, resolve disputes, and address challenges such as technological advancements and globalization.
World Intellectual Property Organization (WIPO)
A specialized agency of the United Nations (UN), the World Intellectual Property Organization (WIPO) was founded in 1967 with the goal of promoting and safeguarding intellectual property (IP) worldwide. Leading the development of an equitable and easily accessible global intellectual property system that fosters innovation, creativity, and economic expansion is the objective of WIPO, which has its headquarters in Geneva, Switzerland.[18]
WIPO serves as the principal international organization responsible for the development and harmonization of IP laws worldwide. Its overarching objective is to foster an environment where creators, businesses, and governments can effectively protect their intellectual creations while encouraging innovation, cultural expression, and economic progress. WIPO seeks to balance the rights of creators with the need for public access to knowledge and information.
Administration of IP Treaties
WIPO administers 26 international treaties that govern various aspects of IP protection, including “Paris Convention for the Protection of Industrial Property (Paris Convention)” which is one of the first treaties on intellectual property, [19] establishing the basis for patent and trademark protections, “Berne Convention for the Protection of Literary and Artistic Works” which ensures copyright protection for creative works across member countries, [20] “Patent Cooperation Treaty (PCT)” which simplifies the process of seeking patent protection across multiple countries through a single international application [21]and “Madrid System for International Registration of Trademarks” which provides a centralized process for trademark registration in multiple jurisdictions.
Through these treaties, WIPO facilitates the international recognition of IP rights and encourages harmonization of laws to promote global trade and innovation.
Dispute Resolution and Arbitration
WIPO’s Arbitration and Mediation Centre offers alternative dispute resolution services to help parties resolve IP disputes outside of the courts. It is especially known for handling disputes related to domain names under the Uniform Domain Name Dispute Resolution Policy (UDRP), which addresses conflicts involving trademarks and domain names.[22]
Technical Assistance and Capacity Building
WIPO plays a significant role in helping developing countries establish and strengthen their IP systems. Through its technical assistance programs, WIPO offers training to government officials, legal professionals, and creators in these regions to promote the effective use of IP for economic and social development.[23] The organization also supports capacity building to help countries comply with international treaties and standards.
Policy Dialogue and Research
WIPO acts as a platform for international dialogue on IP policy. It conducts research on emerging IP issues and provides guidance to member states on best practices and policy implementation. The organization hosts global conferences and expert meetings to address challenges posed by technological advancements, digitalization, and new areas of IP, such as traditional knowledge, genetic resources, and geographical indications.[24]
In addition to administering IP treaties and promoting legal harmonization, WIPO plays a central role in addressing the challenges posed by rapid technological advances, such as digital piracy, data protection, and access to medicines.[25] The organization emphasizes the need to adapt the IP system to the evolving global landscape, ensuring that IP protection remains relevant and fair for creators while promoting public interest.
WIPO also engages with other international organizations, such as the World Trade Organization (WTO) and the World Health Organization (WHO), to tackle issues at the intersection of IP and global public concerns, like health, trade, and the environment.[26]
World Trade Organisation (WTO)
The World Trade Organization (WTO) is a global international organization that deals with the rules of trade between nations. It superseded the General Agreement on Tariffs and Trade (GATT), which had been in effect since 1948, and was established on January 1, 1995, as part of the Uruguay Round of trade negotiations. [27]The WTO’s primary mission is to facilitate smooth, fair, and predictable trade flows across borders by creating a rules-based system for international trade, promoting economic growth, and reducing trade barriers.[28]
To guarantee as smooth, predictable, and unhindered a trade flow as feasible is the WTO's primary goal. The WTO is responsible for supervising the execution and management of multilateral trade agreements that its member nations have negotiated. These agreements address a variety of trade-related topics, including intellectual property, goods, services, and dispute settlement procedures. [29]
The WTO provides a platform for member countries to negotiate new trade agreements and revise existing ones. These negotiations are aimed at liberalizing trade, reducing tariffs, and eliminating barriers to trade. [30]The current round of negotiations, the Doha Development Agenda, is focused on addressing the needs of developing countries.
One of the WTO's most important functions is to resolve trade disputes between its members. When countries believe that their rights under a WTO agreement are being violated, they can bring their case to the WTO’s Dispute Settlement Body.
WTO and Intellectual Property: The TRIPS Agreement
One of the most significant contributions of the WTO to intellectual property (IP) law is the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which came into force in 1995.[31] The TRIPS Agreement is a comprehensive multilateral agreement that sets minimum standards for IP protection and enforcement, covering areas such as patents, copyrights, trademarks, geographical indications, industrial designs, and trade secrets.
International Conventions regarding IP
The international legal framework governing intellectual property (IP) is designed to create a consistent and harmonized system for protecting intellectual property rights (IPRs) across different jurisdictions. These frameworks promote innovation, economic development, and the equitable distribution of technological advancements by establishing standards for IP protection, enforcement mechanisms, and international cooperation.
International agreements pertaining to the preservation of intellectual property rights have been important in promoting international collaboration and defending the imaginative and inventive efforts of people and institutions.
The first effort in the realm of Intellectual property was the “Paris Convention (1883)” which was made for the protection of Industrial Property. The need for such convention was felt when foreign exhibitors hesitated to participate in an exhibition of invention in 1873 in Vienna because they feared that their ideas will be exploited elsewhere. This convention basically deals with the patent, trademark, and industrial designs.[32]
There was another convention called the “Berne Convention (1886)” which was specifically for the protection of literary and artistic works. This convention covers a wide range of works including novels, short stories, poems, songs, paintings, operas etc.
The latest legal framework related to intellectual property is TRIPS agreement which was enforced by member countries of the WTO and is most significant framework for international agreement concerning intellectual property.
TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights)
The World Trade Organization (WTO) is responsible for overseeing the TRIPS Agreement, a comprehensive multilateral agreement that establishes basic criteria for the protection and enforcement of intellectual property (IP) rights worldwide. It was worked out during the General Agreement on Tariffs and Trade's (GATT) Uruguay Round (1986–1994), and it became operative on January 1, 1995. [33]The TRIPS Agreement is one of the most important global frameworks for IP protection and plays a critical role in balancing the interests of IP holders with public welfare.
Key aspects of the TRIPS Agreement
Scope of IP Rights: TRIPS covers various forms of intellectual property, including patents, copyrights, trademarks, geographical indications, industrial designs, and trade secrets. Each member country must meet the minimum protection standards set by the agreement.
Non-Discrimination Principle: TRIPS enforces the principle of "national treatment," meaning that foreign nationals must be treated the same as domestic IP holders, and "most-favored-nation" treatment, ensuring that advantages granted to one WTO member must be granted to all.
Patent Protection: TRIPS requires member countries to provide at least 20 years of patent protection, including for pharmaceuticals and biotechnology. It also outlines provisions for compulsory licensing, allowing governments to issue licenses for producing patented products (e.g., medicines) without the patent holder’s consent in certain situations, like public health emergencies.[34]
Copyright Protection: The agreement extends copyright protection for the life of the author plus 50 years. It also addresses new challenges such as digital media, setting the foundation for protecting IP in the internet era.
Enforcement: TRIPS includes detailed enforcement mechanisms, requiring member states to provide civil and criminal remedies for IP violations, border measures (e.g., customs actions against counterfeit goods), and fair and equitable judicial procedures.
Public Health Exception: TRIPS allows for flexibility in the application of IP rights for public health reasons. For instance, the 2001 Doha Declaration clarified that developing countries could use compulsory licensing to access affordable medicines.
Challenges Regarding Intellectual Property
Harmonizing intellectual property (IP) laws across different countries is one of the most significant challenges in the context of international trade. Each nation has its own legal framework, economic priorities, and level of technological advancement, which leads to significant variations in the way IP rights are protected, enforced, and administered globally.
Divergence in National Laws
Different countries have varied intellectual property laws, reflecting their historical, cultural, and economic contexts. For instance, developed countries with strong IP regimes (like the United States, European Union members, and Japan) emphasize strict enforcement of IP rights to protect their high-tech industries, pharmaceutical innovations, and creative sectors. On the other hand, developing countries might prioritize access to technology and medicines over stringent IP enforcement, resulting in more flexible IP policies.[35]
Example: The issue of pharmaceutical patents under the TRIPS Agreement, where developing nations seek easier access to affordable medicines by reducing patent periods, while developed nations push for longer, stricter IP protections.
International Trade Agreements and Conflicting Interests
While global treaties like the TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights) under the World Trade Organization (WTO) framework have set minimum standards for IP protection, discrepancies still exist in national implementations. Countries often face conflicts between their international trade obligations and their domestic policy goals, leading to uneven enforcement and interpretation of IP laws.[36]
Example: The TRIPS Agreement mandates a baseline of IP protection, but countries such as India have adapted these standards to suit domestic needs (e.g., affordable access to medicines through compulsory licensing). This sometimes leads to trade disputes with developed countries, where pharmaceutical companies demand stricter patent protections.
Challenges in Enforcement
Even if countries have established legal protections for intellectual property, enforcing those rights is another matter. Enforcement mechanisms, judicial efficiency, and penalties for IP infringement vary significantly between jurisdictions. In some countries, corruption, lack of resources, and inefficient legal systems hinder effective enforcement, allowing counterfeiting, piracy, and IP theft to thrive.
Example: In countries with weak enforcement mechanisms, such as certain regions in Southeast Asia, piracy of software, films, and music remains widespread due to ineffective law enforcement and a lack of adequate penalties.
Technology and Digital Globalization
The rapid rise of digital platforms and the internet has created new challenges for global IP protection. The internet’s global reach allows for quick dissemination of content across borders, making it difficult for rights holders to protect their IP in different jurisdictions. Copyright infringement, software piracy, and the sale of counterfeit goods through online platforms have become major issues in global trade.
Example: The distribution of pirated movies or software on the internet, where infringers can easily operate from jurisdictions with weak IP laws, making enforcement challenging for rights holders.
Developing Economies and Access to Innovation
Developing economies often struggle with balancing IP protection and promoting local innovation. Strict IP laws can limit access to knowledge, technologies, and medicines in developing nations, potentially stifling local innovation and creating barriers to entry for small businesses and startups. On the other hand, a lack of robust IP protection can deter foreign investment and the transfer of technology, which are critical for development.
Example: In the pharmaceutical industry, patents on essential drugs can limit access to affordable medications in countries with high levels of poverty. In response, some nations have adopted more lenient IP rules, which has triggered opposition from countries with strong pharmaceutical industries.
Conclusion
International trade in intellectual property has emerged as a crucial aspect of the global economy, influencing not only trade relationships but also innovation, creativity, and technological advancement. Intellectual property rights (IPR) protection has become a strategic tool for economic development, fostering innovation, investment, and the international exchange of goods and services. The frameworks established under international agreements like the TRIPS Agreement serve as the foundation for standardizing IPR laws across countries, ensuring fair competition while promoting public welfare.
However, the intersection of intellectual property and international trade also presents challenges, especially for developing nations. While stringent IP protection promotes innovation and investment, it can simultaneously restrict access to affordable medicines, technology, and knowledge, creating a need for balance between the interests of IP holders and broader societal goals, particularly in sectors such as healthcare and education.
As globalization intensifies, the role of intellectual property in international trade will continue to evolve. The dynamic nature of technological progress, digital economies, and the rise of new industries call for continuous reforms in IP laws to accommodate emerging needs. Policymakers must consider not only the economic benefits of strong IP regimes but also the impact on equitable access to resources, public health, and sustainable development.
[1]World Intellectual Property Organization (WIPO), ‘Intellectual Property: Source of Innovation, Creativity, Growth and Progress’ (2016) <Intellectual Property: Source of Innovation, Creativity, Growth and Progress - ICC - International Chamber of Commerce (iccwbo.org)> accessed on 5 October 2024.
[2]World Trade Organization (WTO), ‘Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS)’ (1994).
[3] World Trade Organization (WTO), ‘Understanding the WTO: The TRIPS Agreement’ (2015).
[4]World Intellectual Property Organization (WIPO), ‘WIPO Overview of Key International IP Agreements and Norms’ (2016).
[5] World Trade Organization (WTO), ‘Understanding the WTO: The TRIPS Agreement’ (2015).
[6]World Intellectual Property Organization (WIPO), ‘Intellectual Property and International Trade: An Overview’ (2020).
[7] World Intellectual Property Organization (WIPO), ‘What is Intellectual Property?’ (2020) <What is Intellectual Property? (wipo.int)> accessed on 7 October 2024.
[8] Matthew P Harrington, ‘Rethinking “In Rem”: The Supreme Court’s New (And Misguided) Approach to Civil Forfeiture’ (1994) 12 Yale Law & Policy Review 281.
[9] Sayed Qudrat Hashimy, ‘Protection of Video Games under Indian and the United States of America Copyright Law’ (2022) 4 Indian Journal of Law and Legal Research 1.
[10] “Bhagyamma G, ‘Protection of Intellectual Property Rights: An Examination of International Legal Frameworks’ (2023) 2 (1) Ile Intellectual Property and Corporate LawReview <PROTECTION OF INTELLECTUAL PROPERTY RIGHTS: AN EXAMINATION OF INTERNATIONAL LEGAL FRAMEWORKS (researchgate.net) > accessed on 7 October 2024”.
[11] World Intellectual Property Organization (WIPO), ‘What is a Patent?’ (2020). <Patents (wipo.int)> accessed on 8 October 2024.
[12] Ibid.
[13] World Intellectual Property Organization (WIPO), ‘Understanding Trademarks’ (2020) <Trademarks (wipo.int)> accessed on 9 October 2024.
[14] World Intellectual Property Organization (WIPO), ‘What is Copyright?’ (2020) <Copyright (wipo.int)> accessed on 9 October.
[15] World Intellectual Property Organization (WIPO), ‘What is Industrial Design?’ (2020) <Industrial Designs (wipo.int)> accessed on 9 October 2024.
[16] World Intellectual Property Organization (WIPO), ‘What is Geographical Indication?’ (2020) <Geographical Indications: What do they specify? (wipo.int)> accessed on 9 October 2024.
[17] World Intellectual Property Organization (WIPO), ‘What is Trade Secret?’ (2020) <Trade Secrets (wipo.int)> accessed on 9 October 2024.
[18] World Intellectual Property Organization (WIPO), ‘What is Trade Secret?’ <Inside WIPO> accessed on 10 October 2024.
[19] Paris Convention for the Protection of Industrial Property (adopted on March 20, 1883) 828 UNTS 305.
[20] Berne Convention for the Protection of Literary and Artistic Works (adopted 9 September 1886) 4757 UNTS 314.
[21] Patent Cooperation Treaty (PCT) (came to force on July 1, 2017).
[22] World Intellectual Property Organisation (WIPO), ‘Alternative Dispute Resolution’ <Alternative Dispute Resolution (wipo.int)> accessed on 8 October 2024.
[23] World Intellectual Property Organisation (WIPO), ‘WIPO and the Sustainable Development Goals’<The Impact of Innovation: WIPO and the Sustainable Development Goals> accessed on 10 October 2024.
[24] “World Intellectual Property Organisation (WIPO), ‘WIPO Member States Adopt Historic New Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge’ (WIPO, 24 May 2024) <WIPO Member States Adopt Historic New Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge> accessed on 11 October 2024.”
[25] World Intellectual Property Organisation (WIPO), ‘IP policy framework and governance’ <Models of Intellectual Property Governance and Administration - 1 IP policy framework and governance (wipo.int)> accessed on 12 October 2024.
[26] Ibid.
[27] Andrew Walker, ‘What is World Trade Organisation?’ (BBC, 16 December 2015) <What is the World Trade Organization? - BBC News> accessed on 10 October 2024.
[28] Oluwatosin Jegede, ‘World Trade Organization (WTO): understanding its functions, leadership, and significance’<World Trade Organization (WTO): functions and significance (worldexcellence.com)> accessed 11 October 2024.
[29] Ibid.
[30] Evan Tarwar, ‘World Trade Organization (WTO): What It Is and What It Does’ (Investopedia, 5 June 2022) <World Trade Organization (WTO): What It Is and What It Does (investopedia.com)> accessed on 11 October 2024.
[31] Autor Krishen Koul, ‘WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs Agreement)’ (20 November 2018) <WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs Agreement) | SpringerLink> accessed on 10 October 2024.
[32] Sayed Qudrat Hashimy, ‘The Doctrine of Copyright Exhaustion in Software Under Indian Copyright Act: A Cursory Glance’ (2022) 4 Indian Journal of Law and Legal Research 1.
[33] Autor Krishen Koul, ‘WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs Agreement)’ (20 November 2018) <WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs Agreement) | SpringerLink> accessed on 10 October 2024.
[34] “Suma Athreye, Lucia Piscitello & Kenneth C. Shadlen, ‘Twenty-five years since TRIPS: Patent policy and international business’ (2020) 3 Journal of International Business Policy <Twenty-five years since TRIPS: Patent policy and international business | Journal of International Business Policy (springer.com)> accessed 12 October 2024.”
[35] Shiue-Hung Lin and Leslie Wu ‘Intellectual property rights and law enforcement in developing countries’ (2022) 35 (1) Journal of the Knowledge Economy.
<https://www.tandfonline.com/doi/full/10.1080/1331677X.2021.1889390?scroll=top&needAccess=true> accessed on 11 October 2024.
[36] “Chelsea Bodimeade, Felicity Deane, ‘Evolving theory of IP rights: promoting human rights in the Agreement on Trade-Related Aspects of Intellectual Property Rights’ (2023) 18 (8) Journal of Intellectual Property Law & Practice <Evolving theory of IP rights: promoting human rights in the Agreement on Trade-Related Aspects of Intellectual Property Rights | Journal of Intellectual Property Law & Practice | Oxford Academic (oup.com)> accessed on 11 October 2024.”