WTO and the Legal Challenge of Patent Protection in the Anti-globalization Environment: A Case Study of the Patent Protection Dispute between the United States and India in Pharmaceuticals and Agrochemicals

Yanan Zheng ()
Additional contact information
Yanan Zheng: Beijing Institute of Technology, Zhuhai

A chapter in Proceedings of the 2025 10th International Conference on Social Sciences and Economic Development (ICSSED 2025), 2025, pp 140-150 from Springer

Abstract: Abstract The globalized framework of patent protection, under the World Trade Organization (WTO) and its Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement, is increasingly challenged by anti-globalization trends. This paper analyzes the patent protection dispute between the United States and India, particularly in the pharmaceutical and agrochemical sectors, to explore the legal challenges WTO faces in an era of deglobalization. It discusses the tension between intellectual property protection and public welfare, highlighting the impact of compulsory licensing and the limitations of the WTO’s dispute resolution mechanisms. Furthermore, the paper addresses the growing conflict between the global application of patent laws and the sovereignty of developing countries, emphasizing the need for flexible reforms in the TRIPS agreement to accommodate national developmental goals. The study suggests that balancing intellectual property rights with public health, as well as expanding the legal and operational flexibility within the WTO framework, are essential for achieving fairer global patent protection amidst rising nationalism and protectionism.

Keywords: WTO; Intellectual property protection; TRIPS Agreement; Public health; Patent protection (search for similar items in EconPapers)
Date: 2025
References: Add references at CitEc
Citations:

There are no downloads for this item, see the EconPapers FAQ for hints about obtaining it.

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:spr:advbcp:978-94-6463-734-2_17

Ordering information: This item can be ordered from
http://www.springer.com/9789464637342

DOI: 10.2991/978-94-6463-734-2_17

Access Statistics for this chapter

More chapters in Advances in Economics, Business and Management Research from Springer
Bibliographic data for series maintained by Sonal Shukla () and Springer Nature Abstracting and Indexing ().