Trade and Intellectual Property

INTERNATIONAL TRADE LAW, Heng Wang, ed., Law Press, 2012

15 Pages Posted: 13 Feb 2012

See all articles by Frank Emmert

Frank Emmert

Indiana University Robert H. McKinney School of Law

Date Written: February 10, 2012


The paper is the final chapter of a textbook on WTO Law published by Law Press, Beijing, in 2012. The textbook contains multiple chapters on more basic aspects of WTO Law in Chinese. Some of the more advanced chapters are reproduced in English and Chinese. Finally, the present chapter appears only in English. The goal of the textbook is to familiarize Chinese upper level law students not only with WTO Law but also with the English terminology.

In line with this overall goal, the present chapter first provides an easily accessible introduction to the desirable promotion of innovation via intellectual property rights on the one hand, and the undesirable barriers to international trade created by nationally determined intellectual property rights on the other hand.

The chapter then proceeds with an examination of a number of WIPO agreements as early forms of international agreements designed to reduce barriers to trade while maintaining the promotion of innovation. It points out the main weaknesses of WIPO and the consequential desire to develop a stronger mechanism for international protection of intellectual property in the framework of the WTO. Finally, the TRIPS Agreements is analyzed for its ability to provide universal filing priority, universal recognition of minimum substantive standards for all major intellectual property rights, and universal enforceability of those rights.

Although primarily addressed to Chinese students of international trade law, the chapter should benefit all readers seeking an accessible and reasonably short introduction to intellectual property rights in the context of international trade.

Keywords: WTO, WIPO, GATT, intellectual property, international trade, patent, copyright, trademark, enforcement of IPRs

JEL Classification: F02, F13, F15, F23, K11, K33, L41, L43, O10, O19, O31, O34

Suggested Citation

Emmert, Frank, Trade and Intellectual Property (February 10, 2012). INTERNATIONAL TRADE LAW, Heng Wang, ed., Law Press, 2012, Available at SSRN:

Frank Emmert (Contact Author)

Indiana University Robert H. McKinney School of Law ( email )

Inlow Hall IN 335
530 West New York Street
Indianapolis, IN 46202
United States

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