An institutional perspective on the alignment of IP frameworks with economic sustainability through inter- and intra-regional agreements in Latin America

Suelen Carls and Mohamed Amal

Chapter 6 in Intellectual Property, Ethical Innovation and Sustainability, 2026, pp 73-87 from Edward Elgar Publishing

Abstract: This chapter examines how Latin America's intellectual property (IP) landscape has evolved under the influence of the WTO's TRIPS Agreement, a growing network of FTAs, and the resultant ‘TRIPS-plus’ provisions. Examples like the United States–Mexico–Canada Agreement (USMCA) and EU–Mercosur negotiations show how elevated IP standards can constrain domestic policy space affecting public health, cultural rights, and the region's pursuit of economic sustainability. The analysis of institutional design and enforcement practices reveals significant disparities between formal commitments to higher IP protections and on-the-ground realities of weak enforcement, judicial backlogs, and limited administrative capacity. By comparing national and regional experiences, the chapter examines how tensions intersect with broader goals of sustainable development and underlines the institutional gaps that hinder the creation of sustainability-oriented IP regimes. Ultimately, it argues that fostering economic sustainability under intensified IP obligations will require active regional cooperation, innovative domestic policies, and careful balancing of competing priorities.

Keywords: IP; Latin America; FTA; TRIPS plus; Sustainability; Institutions (search for similar items in EconPapers)
Date: 2026
ISBN: 9781035367764
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