The Influence of Preferential Trade Agreements on the Implementation of Intellectual Property Rights in Developing Countries: A First Look

This paper finds that PTAs are clearly drivers of significant IP reform in developing countries and that the implementation challenge for these countries is real and complex. The challenge does not only arise because of the higher standards of IPR protection under PTAs but also because of the sometimes narrow scope for interpretation when transposing these obligations into domestic law. In addition, the implementation itself, whether through literal transposition of the law or through adaptation, leads to different outcome depending on the implementing country's legal system and how stakeholders respond to the changes.The paper posits that implementation does not stop with the transposition of international trade obligations into the domestic legal system. Rather, it continues with the need to modify laws and enforcement practices. In essence, PTAs become "live" agreements that must be actively managed over time.