By Shannon Togawa Mercer
In an era
during which the exchange of intellectual property across borders can carry just as much, if not more, value
than conventional goods, the protection of intellectual property rights is now
a matter of international concern. Whereas much of the WTO treaty regime is
focused on the liberalization of trade barriers for goods and services, the protection
of intellectual property
rights through the Trade-Related Aspects of Intellectual
Property Rights (TRIPS) agreement involves affirmative obligations to restrict the flow
of ideas in order to protect the rights of an individual to his or her
intellectual property.
It makes sense that an organization of nations interested in trade
liberalization would concern itself with the movement of ideas: adequate
protection of intellectual property can impact trade flows. If a seller
knows that her ideas will not be
pirated in a purchasing country, she will be more encouraged to sell there.
Furthermore, if an innovator knows that he will reap the profits from his inventions, he is more
likely to innovate – thus incentivizing businesses’ R&D.