International Intellectual Property in an Integrated World Economy (Aspen Casebook Series)

The international intellectual property system is built upon a series of multilateral agree-

ments negotiated, adopted and implemented over the span of more than a century. The

system has proven to be resilient in the face of technological change and disturbance in

the global political environment. In the past few years the conceptual foundations of

multilateral organization and cooperation have, however, come under pressure from po-

litical leaders and groups stressing that national interests can best be pursued alone or

outside of international organization and cooperation. The United States has left its lead-

ership in the WTO behind for the time being. The planned departure of the United King-

dom from the European Union (i.e. Brexit), is another manifestation of this pressure and,

among its many ramifications, Brexit will affect the way that intellectual property is reg-

ulated within the UK and in trade relations with the European Union.

Perhaps paradoxically, nationalist trends have not diminished attention to interna-

tional agreements and rules governing intellectual property (IP). To the contrary, the na-

tional interest is being defined by IP in the information society age. Threats to national

IP interests are said to arise from failure of foreign governments to enforce relevant in-

ternational standards. Disputes between the United States and China and concerns voiced

by Europe and Japan regarding IP and transfer of technology are threatening the founda-

tions of the multilateral trading system, with potentially broader strategic ramifications.

The issues involved are complex and implicate the unresolved relationship between IP

protection and rules governing foreign investment, interfacing mixed economies and

state capitalism in China.