INTELLECTUAL PROPERTY AND THE REGULATORY STANDARDS IN INTERNATIONAL TRADE AGREEMENTS

IMPACTS ON BRAZIL’S DEVELOPMENT STRATEGY

Abstract

Over the past two decades, there has been a proliferation of bilateral and plurilateral trade agreements. Countries and blocs developed agreement models with regulation beyond the multilateral trade system in order to strengthen their commercial relationships. This strategy can affect multilateral negotiations, since questions negotiated in the Doha Round are being decided bilaterally first. Countries like Brazil that choose to negotiate multilaterally can be harmed, particularly in trade-related negotiations of intellectual property issues, by this predefinition of important issues. This article aims to compare bilateral agreements on intellectual property with the Brazilian proposals in the multilateral system and examine the effects of such bilateral regulations on the country’s commercial interests. The regulation in geographic indications and the recognition and incorporation of the Convention on Biological Diversity are the focus of our research. The authors confirm their hypothesis that many regulatory advances are coming out of bilateral agreements and make recommendations regarding how Brazil can prepare itself to overcome these regulatory challenges and negotiate for its interests more effectively.