Harmonization and Its Discontents: A Case Study of TRIPS Implementation in India's Pharmaceutical Sector

TLDR

Abstract

The last few decades have seen a surge of new intellectual property (IP) treaties, part of a trend of “upward harmonization” aimed at making IP rights stronger around the world, and especially in developing countries. The most important of these treaties is the Trade-Related Aspects of Intellectual Property (TRIPS) Agreement, which requires all members of the World Trade Organization (WTO) to adopt and enforce relatively high minimum standards of IP protection. Those who support upward harmonization argue that it will have positive effects on trade, foreign direct investment, and global innovation. Opponents contend that such harmonization could ossify the imperfect IP system of the North and impede development. The most acute criticisms of the trend have focused on the potential impact of TRIPS on health. Because TRIPS requires developing countries to provide patents on pharmaceuticals, it has the potential