Intellectual Property Negotiations, the BRICS Factor and the Changing North-South Debate

Abstract

Since the early 2000s, commentators have lumped Brazil, Russia, India, China and South Africa together under the BRICS acronym. In the past few years, the BRICS countries have also met annually to explore greater cooperation. Although their popularity and collective influence have recently declined, these countries have continued to garner academic and policy attention. As far as international normsetting is concerned, some of the BRICS countries, such as Brazil, China and India, have also assumed leadership in the developing world.

This chapter focuses primarily on the presence, impact and significance of what I refer to as the "BRICS factor" in international trade and intellectual property negotiations. It begins by revisiting the negotiation of the WTO TRIPS Agreement. The chapter then explores the negotiation of TRIPS-plus bilateral, regional and plurilateral trade agreements, such as the recently signed Trans-Pacific Partnership Agreement and the yet-to-be-completed Regional Comprehensive Economic Partnership Agreement. Drawing on the triangular comparisons between the TRIPS, TPP and RCEP negotiations, this chapter concludes by highlighting four sets of important changes that have transformed the international norm-setting environment in both the trade and intellectual property arenas.