International Intellectual Property Law: Balancing Innovation and Access
What are the 4 types of intellectual property intellectual property?
Patents, trademarks, copyrights, and trade secrets are valuable assets of the company and understanding how they work and how they are created is critical to knowing how to protect them.
International Intellectual Property Law: Balancing Innovation and Access
Intellectual property (IP) law serves to protect the creations of individuals, businesses, and other entities. It is widely acknowledged that protecting IP incentivizes innovation, creativity, and the sharing of ideas by granting a monopoly on profits in the form of patents, copyrights, and trademarks. However, such rights can lead to restrictive access to technology and knowledge, stifling competition and limiting access to critical resources. International intellectual property law must navigate this delicate balance between providing incentives for innovation and granting adequate access to products and information.
The World Intellectual Property Organization (WIPO) is tasked with developing international IP treaties and standardizing IP law across the globe. Traditionally, WIPO treaties have favored large corporate entities, granting expansive rights to patent-holders and removing restrictions on cross-border IP. This approach has been critiqued for granting overly broad IP protection, resulting in high prices and decreased availability of important goods and services.
As such, IP policy is increasingly focused on access and knowledge-sharing. For example, the World Trade Organization’s TRIPS Agreement demands that signatory countries implement non-discriminatory IP policies and grant compulsory licensing in certain situations. In addition to this, countries are increasingly leveraging exceptions and flexibilities in IP laws to promote public health, access to education, access to clean energy, and other social justice initiatives.
In response to these efforts, some countries have taken it upon themselves to develop national regulations which promote access and innovation simultaneously. For example, India’s Patent Act of 1970 radically restructured the country’s IP system, allowing more efficient access to generic drugs. Additionally, India adopted the Compulsory Licensing System, allowing patented products to be produced under license by generic drug manufacturers in order to ensure access to medicines at a lower cost.
Ultimately, international IP law must address the full implications of its regulations in order to promote both innovation and access to products and information. Countries should strive to find the optimal balance between protecting innovation and promoting access, which could be achieved through initiatives such as mandatory licensing, exceptions, and flexibilities. Emphasis must also be placed on fair and equitable IP distribution, with regulations which ensure proper access to resources, goods, and services. By promoting this balance, international IP law can ensure an equitable and prosperous future for all.
